Case: Jackson v. Secretary of the Indiana Family and Social Services Administration

1:15-cv-01874 | U.S. District Court for the Southern District of Indiana

Filed Date: Nov. 11, 2015

Closed Date: Feb. 26, 2019

Clearinghouse coding complete

Case Summary

On November 11, 2015, a Medicaid recipient with Hepatitis C filed this putative class-action lawsuit in the U.S. District Court for the Southern District of Indiana. The case was assigned to District Judge Sarah Evans Barker. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration (“the agency”) under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU of Indiana and the Health and Human Rights Clinic at Indiana University’s McKinney School of Law, sought …

On November 11, 2015, a Medicaid recipient with Hepatitis C filed this putative class-action lawsuit in the U.S. District Court for the Southern District of Indiana. The case was assigned to District Judge Sarah Evans Barker. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration (“the agency”) under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU of Indiana and the Health and Human Rights Clinic at Indiana University’s McKinney School of Law, sought injunctive and monetary relief, claiming violation of federal Medicaid law.

The plaintiff alleged that the Agency had a formal policy of denying Medicaid recipients with Hepatitis C “medically necessary” drugs. Specifically, they alleged that the agency denied Medicaid recipients with Hepatitis C direct-acting antiviral medications (specifically Harvoni) unless and until absolutely necessary. Despite these practices, medical professional agreed that early administration of the medication was “medically necessary” to prevent liver damage and other serious conditions.

The defendants moved to dismiss the complaint on January 15, 2016. They alleged that the plaintiff had failed to state claim under 42 U.S.C. § 1983 for which relief could be granted. On April 12, 2016, Judge Barker denied defendants’ motion. She held that the plaintiff had sufficiently pled a claim, so she denied the defendants’ motion to dismiss the complaint.

The original plaintiff was provided with Harvoni by the agency, and consequently a new plaintiff intervened in the suit on January 3, 2017. Discovery and negotiations lasted through the remainder of 2017 and into 2018. On November 8, 2018, the parties settled the case. The settlement, contingent on the Court’s certification of the class, involved injunctive relief and attorneys’ fees for the plaintiff. As part of the settlement, the agency agreed to eliminate its policy of restricting Medicaid reimbursement for Harvoni to only those Medicaid recipients with advanced Hepatitis C or those who were co-infected with HIV or AIDS or were post-liver transplant. The defendants had to implement this policy by July 1, 2019. The defendants also agreed that they would pay the plaintiffs’ counsel $117,500 in attorneys’ fees. The agreement stated that the plaintiffs could enforce it through a breach of contract claim - meaning that the Court did not maintain jurisdiction to enforce it.

Judge Barker approved class-certification on November 9, 2018. The Court defined the certified class as:

Any and all adult Medicaid recipients in Indiana, current and future, with a diagnosis of chronic Hepatitis C, genotype 1, who have been prescribed one of the direct-acting antiviral medications enumerated in the 2016 Policy or 2018 Policy, by or in consultation with an Infectious Disease or GI specialist, but do not meet the medical requirements of such policy to receive Medicaid reimbursement for that prescribed medication.

On November 26, 2018, Judge Barker approved the parties’ joint motion regarding the manner and form of notice to the class. A class-action fairness hearing was held on February 5, 2019. At this hearing, the court approved the settlement agreement and the attorney fee request. One week later, the court issued a written order confirming the oral order from the hearing where the court approved the settlement agreement, and found that it was a fair, reasonable, and adequate resolution of the cause.

With the settlement agreement approved, on February 20, 2019, the parties filed a stipulation of dismissal. Six days later, the court dismissed the case pursuant to Rule 41(a) (1)(A)(ii) of the Federal Rules of Civil Procedure. The case is now closed.

Summary Authors

Michael Beech (2/2/2019)

Sabrina Glavota (7/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7042654/parties/jackson-v-secretary-of-the-indiana-family-and-social-services/


Judge(s)

Barker, Sarah Evans (Indiana)

Brookman, Matthew P. (Indiana)

Attorney for Defendant

Jones, Benjamin Myron Lane (Indiana)

Lemmon, Jennifer Elizazbeth (Indiana)

Expert/Monitor/Master/Other

Falk, Kenneth J. (Indiana)

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Documents in the Clearinghouse

Document

1:15-cv-01874

Docket

Feb. 12, 2019

Feb. 12, 2019

Docket
1

1:15-cv-01874

Class Action Complaint for Declaratory and Injunctive Relief

Nov. 25, 2015

Nov. 25, 2015

Complaint
36

1:15-cv-01874

Order - Denying Motion to Dismiss

April 12, 2016

April 12, 2016

Order/Opinion

279 F.Supp.3d 279

69

1:15-cv-01874

Order

June 29, 2016

June 29, 2016

Order/Opinion
157

1:15-cv-01874

Settlement Agreement

Nov. 8, 2018

Nov. 8, 2018

Settlement Agreement
159

1:15-cv-01874

Order Certifying Cause as Class Action

Nov. 9, 2018

Nov. 9, 2018

Order/Opinion
160

1:15-cv-01874

Order Approving Manner and Form of Notice to the Class and Setting Fairness Hearing

Nov. 26, 2018

Nov. 26, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7042654/jackson-v-secretary-of-the-indiana-family-and-social-services/

Last updated Feb. 13, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, filed by SARAH JACKSON. (Filing fee $400, receipt number 0756−3686215) (Attachments: # 1 Exhibit 1 (CMS Notice), # 2 Exhibit 2 (2014 FSSA Policy), # 3 Exhibit 3 (2015 FSSA Policy), # 4 Exhibit 4 (Denial Notice), # 5 Civil Cover Sheet, # 6 Proposed Summons)(Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

2

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

3

MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

4

BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

5

NOTICE of Appearance by Francis Ignatius Quigley on behalf of Plaintiff SARAH JACKSON. (Quigley, Francis) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

6

Summons Issued as to SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (JRT) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

8

NOTICE of Appearance by Dennis E. Mullen on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

9

MOTION for Extension of Time to File Response to December 21, 2015 re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

10

NOTICE of Appearance by Kelly J. Pautler on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Pautler, Kelly) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

11

NOTICE of Appearance by Benjamin Myron Lane Jones on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

12

ORDER granting 9 Motion for Extension of Time to File Response to 12/21/2015 re 3 MOTION to Certify Class . Signed by Magistrate Judge Denise K. LaRue on 12/11/2015. (CBU) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

13

NOTICE of Initial Automatic Extension of Time , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Mullen, Dennis) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

14

Second MOTION for Extension of Time to File Response to January 18, 2016 re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of

Dec. 14, 2015

Dec. 14, 2015

16

*** WITHDRAWN PER ORDER 77 *** MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Exhibit 1 (Aff. of Dr. Hays), # 2 Exhibit 2 (Aff. of Ms. Jackson), # 3 Exhibit 3 (FSSA Policy 1), # 4 Exhibit 4 (FSSA Policy 2), # 5 Exhibit 5 (Annals of Internal Medicine Publication), # 6 Exhibit 6 (CMS Guidance), # 7 Exhibit 7 (Indiana Preferred Drug List))(Rose, Gavin) Modified on 8/29/2016 (CKM). (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

17

BRIEF/MEMORANDUM in Support re 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

18

SCHEDULING ORDER: Telephonic Status Conference set for 1/6/2016 at 02:00 PM before Magistrate Judge Denise K. LaRue. The purpose of the conference is to discuss Plaintiff's Motion for Preliminary Injunction [Dkt. 16 ]. Counsel will receive call−in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 1/5/2016.(REO) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

21

BRIEF/MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

22

MOTION for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

23

MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

24

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 23 MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

25

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/6/2016 − Parties discussed the Motion for Preliminary Injunction [Dkt. 16 ] and discovery. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

26

Reassignment of Case to Magistrate Judge Matthew P. Brookman. Magistrate Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number (1:15−cv−01874−SEB−MPB), which includes the initials of the newly assigned judge, on all future filings in this matter. (MAC) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

30

CORRECTED ORDER re 27 Order on Motion to Stay Proceedings. Telephonic Status Conference set for 4/5/2016 at 12:00 PM (EST) Indianapolis time, before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 2/4/2016.(TMB) (Entered: 02/08/2016)

Feb. 4, 2016

Feb. 4, 2016

27

ORDER granting Defendant's 23 Motion to Stay proceedings pending a ruling on his Motion to Dismiss. Status Conference set for 4/5/2016 11:00 AM (CST) Evansville time in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification (see Order for additional information). Signed by Magistrate Judge Matthew P. Brookman on 2/5/2016.(SWM) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

31

REPLY in Support of Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

32

***PLEASE DISREGARD − SEE ENTRY AT 33 *** First MOTION to Withdraw Attorney Appearance , filed by Plaintiff SARAH JACKSON. (Quigley, Francis) Modified text and terminated motion on 4/5/2016 (TMB). (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

33

First MOTION to Withdraw Attorney Appearance , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Withdraw)(Quigley, Francis) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

34

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/5/2016. Telephonic Status Conference set for 6/30/2016 at 09:30 AM (EDT) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

35

ORDER granting 33 Motion to Withdraw Attorney Appearance. Attorney Francis Ignatius Quigley withdrawn as co−counsel for the Plaintiff. Signed by Magistrate Judge Matthew P. Brookman on 4/5/2016. (CBU) (Entered: 04/06/2016)

April 5, 2016

April 5, 2016

36

ORDER − DENYING MOTION TO DISMISS; Defendant's Motion to Dismiss Dkt. No. 20 and OVERRULE Plaintiff's Objections to Magistrate Judge's Order Staying Proceedings Dkt. No. 28 as MOOT. The stay imposed by Docket Number 27 is lifted. We instruct the Magistrate Judge to hold a status conference as soon as possible to establish a briefing schedule for the motions currently pending on the docket. Signed by Judge Sarah Evans Barker on 4/12/2016. (CKM) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

37

ORDER RESETTING TELEPHONIC STATUS CONFERENCE: The TELEPHONIC STATUS CONFERENCE set for June 30, 2016, is hereby VACATED and RESCHEDULED to TUESDAY, APRIL 19, 2016, at 11:45 a.m., Indianapolis time (EDT), before Magistrate Judge Matthew P. Brookman. Pursuant to the Order entered at docket #36, the purpose of this conference is to establish a briefing schedule for the motions currently pending on the docket. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/13/2016.(SWM) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

39

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/19/2016. The Motion for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction [Dkt. 22] is GRANTED. The briefing schedule for the Motions [Dkts. 3 and 16] is as follows: The Defendant is to respond to both Motions by May 9, 2016. The Plaintiff's reply to the Defendant's response is to be filed by May 23, 2016. The parties request a one−day evidentiary hearing on both Motions before the Court at a time thereafter. Telephonic Status Conference set for 8/23/2016 at 09:30 AM before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (NRN) (Entered: 04/20/2016)

April 19, 2016

April 19, 2016

40

ANSWER to 1 Complaint for Declaratory and Injunctive Relief and Statement of Defenses , filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Mullen, Dennis) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

41

NOTICE of Appearance by Jonathan Paul Nagy on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Nagy, Jonathan) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

42

SCHEDULING ORDER− Motion Hearing on certify class and for preliminary injunction set for 6/15/2016 at 1:30 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/5/2016.(CBU) (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

43

MOTION to Withdraw Attorney Appearance , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Appearance)(Mullen, Dennis) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

44

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 16 MOTION for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit 1 − Affidavit of Dr. Zerr, # 2 Attachment 1 Dr. Zerr's CV, # 3 Attachment 2 − WHO Media on Hepatitis C, # 4 Attachment 3 − 2015 Article re: Alimentary Pharmacology and Therapeutics, # 5 Attachment 4 − Starting Treatment of Acute HCV Earlly article, # 6 Attachment 5 − Natural Hsitory of Hepatitis C, # 7 Attachment 6 − Clinical Manifestations and Natural History of Chronic Hepatitis C Virus Infection, # 8 Attahcment 7 − State Medicaid Coverage Policies, # 9 Attachment 8 − Jackson's Medical Records, # 10 Attachment 9 − Harvonie Insert Packet, # 11 Attachment 10 − AASLD Publication, # 12 Attachment 11 − NIH Publication, # 13 Attachment 12 − Senate Report, # 14 Exhibit 2− Affidavit of Paul Bowling, # 15 Attachment 1 to Bowling Affidavit, # 16 Exhibit 3 − Dr. Hays Deposition Excerpts, # 17 Exhibit 4 − Dr. Zerr's Deposition Excerpts, # 18 Exhibit 5 − USPSTF A&B Recommendation)(Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

45

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

46

MOTION to Maintain Document Under Seal 45 SEALED Response to Motion, 44 SEALED Response to Motion , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

47

MOTION to Compel Plaintiff to Sign Medical Release Authorizations , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

48

ORDER granting 43 Motion to Withdraw Attorney Appearance. Attorney Dennis E. Mullen withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 5/10/2016. (SWM) (Entered: 05/11/2016)

May 10, 2016

May 10, 2016

49

SCHEDULING ORDER: Status Conference set for 5/17/2016 at 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The purpose of this conference is to discuss the pending motions before the Court. Signed by Magistrate Judge Matthew P. Brookman on 5/16/2016.(TMB) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

52

Minute Entry for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/17/2016. The parties are granted leave to file a proposed Uniform Protective Order in accordance with Fed. R. Civ. P. 26(c)(1), and are directed to the Uniform Protective Order approved in the Southern District of Indiana. (NRN) (Entered: 05/18/2016)

May 17, 2016

May 17, 2016

51

Unopposed MOTION for Extension of Time to File Reply to 05/31/2016 re 3 MOTION to Certify Class , 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

53

ORDER granting Plaintiff and the Putative Class' 51 Motion for Extension of Time to File Reply to 5/31/2016 re 16 MOTION for Preliminary Injunction and 3 MOTION to Certify Class . Signed by Magistrate Judge Matthew P. Brookman on 5/20/2016. (SWM) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

54

MOTION for Protective Order [Uniform Stipulated] , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit Proposed Order)(Jones, Benjamin) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

56

UNIFORM STIPULATED PROTECTIVE ORDER 54 APPROVED. Signed by Magistrate Judge Matthew P. Brookman on 5/25/2016.(SWM) (Entered: 05/26/2016)

May 25, 2016

May 25, 2016

57

NOTICE of Filing of Additional Evidence in Support of Preliminary Injunction Motion by SARAH JACKSON (Attachments: # 1 Exhibit 1−3 (Zerr Dep.) (Part 1), # 2 Exhibit 1−3 (Zerr Dep.) (Part 2), # 3 Exhibit 1−3 (Zerr Dep.) (Part 3), # 4 Exhibit 4 (Hays Dep.), # 5 Exhibit 5 (Hays Supp. Aff.), # 6 Exhibit 6 (Jackson Supp. Aff. − unsigned), # 7 Exhibit 7 (U.S. Dep't of Veterans Affairs Memo.), # 8 Exhibit 8 (Associated Press Article), # 9 Exhibit 9 (About the USPSTF)) (Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

58

MOTION for Leave to File Excess Pages (Over−Sized Reply Brief in Support of Mot. for Prelim. Inj.) , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Appendix (Oversized Reply Brief in Support of Mot. for Prelim. Inj.), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

59

REPLY in Support of Motion re 3 MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

60

ORDER granting Plaintiff's 58 Motion for Leave to Over−Sized Brief. IT IS THEREFORE ORDERED that the plaintiff is GRANTED leave to file an over− sized reply brief in support of her Motion for Preliminary Injunction, and the reply brief shall be filed as a separate entry in this case within five (5) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2016. (SWM) (Entered: 06/02/2016)

June 1, 2016

June 1, 2016

61

REPLY in Support of Motion re 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

62

NOTICE of Filing of Supplemental Affidavit of Sarah Jackson by SARAH JACKSON (Attachments: # 1 Affidavit of Sarah Jackson (Supplemental)) (Rose, Gavin) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

63

MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Entry)(Jones, Benjamin) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

64

ORDER granting Defendant's 63 Motion for Leave to File a surreply. Defendant shall file his surreply within two (2) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/13/2016. (SWM) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

65

Surreply re 16 MOTION for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

66

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff SARAH JACKSON. (Falk, Kenneth) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

67

SCHEDULING ORDER: The hearing on Plaintiff's motions to certify class and for preliminary injunction on Wednesday, June 15, 2016 has been rescheduled to 1:00 p.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. Please note the time change.(KR) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

68

COURT ENTRY AND SCHEDULING ORDER: Settlement Conference set for 7/26/2016 02:00 AM before Judge Sarah Evans Barker.(CKM) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

69

ORDER granting Defendant's 46 Motion to Maintain Document Under Seal; denying Defendant's 47 Motion to Compel. The Court ORDERS that Docket No. 44 and Docket No. 45 be maintained under seal. The Court further ORDERS FSSA to file redacted versions of the same within five (5) days of this Order. See Order for additional information. Signed by Magistrate Judge Matthew P. Brookman on 6/29/2016. (SWM) (Entered: 07/01/2016)

June 29, 2016

June 29, 2016

71

REDACTED RESPONSE in Opposition re 45 , re 3 MOTION to Certify Class [Redacted] , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/6/2016 (CKM). (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

72

ENTRY − In preparing for the settlement conference scheduled for July 26, 2016 at 2:30 PM, the parties shall familiarize themselves with the recent amendments to Medicare Hepatitis C treatment policies in Florida, New York, Delaware, Washington, Massachusetts, Connecticut, and Maine as well as recent policy changes adopted by private insurers. The parties should also be prepared to discuss the decision in B.E. and A.R. v. Teeter, 2016 WL 3033500 (W.D. Wash. May 27, 2016).(CKM) (Entered: 07/21/2016)

July 20, 2016

July 20, 2016

73

*** PLEASE DISREGARD DOCKETED IN ERROR *** Minute order for settlement conference held before Judge Sarah Evans Barker on 7/26/2016. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by Counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The parties reached a tentative agreement, and agreed to exchange settlement proposals and finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date.(KR) Modified on 7/27/2016 (CKM). (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

74

AMENDED ENTRY re Settlement Conference ; The Court conducted a settlement conference. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The Court discussed the outlines of a possible agreement with the parties. The parties agreed to exchange settlement proposals and to finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date. The proceedings were adjourned. (CKM) (Entered: 07/27/2016)

July 26, 2016

July 26, 2016

76

MOTION to Withdraw 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

77

ORDER − granting 76 Motion to Withdraw Plaintiffs' Motion for Preliminary Injunction (ECF No. 16) is hereby withdrawn, without prejudice to its refiling as circumstances dictate. Signed by Judge Sarah Evans Barker on 8/26/2016. (CKM) (Entered: 08/29/2016)

Aug. 26, 2016

Aug. 26, 2016

78

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/23/2016. If Defendant objects to the current discovery propounded related to a replacement representative Plaintiff, it is to do so on or before September 15, 2016. If the Defendant does not object, Defendant must respond to discovery on or before September 30, 2016. Plaintiff is to file a Motion to Intervene by a new representative Plaintiff and/or Motion to Amend the Complaint on or before November 30, 2016. Plaintiff is to file a Stipulation of Dismissal of Representative Plaintiff Sarah Jackson on or before December 30, 2016. Status Conference set for 10/13/2016 at 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) Modified on 9/2/2016 (TMB). (Entered: 09/01/2016)

Aug. 31, 2016

Aug. 31, 2016

79

NOTICE of Objection to Discovery Request , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Jones, Benjamin) Modified on 9/16/2016 (CKM). (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

81

ORDER − The Court now finds that said Motion 80 should be GRANTED. The pending Motion to Certify Class Dkt. 3 is hereby administratively closed without prejudice, subject to re−opening as circumstances dictate. Signed by Judge Sarah Evans Barker on 9/21/2016. (CKM) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

82

ORDER VACATING TELEPHONIC STATUS CONFERENCE: Comes now the Court, sua sponte, and VACATES the TELEPHONIC STATUS CONFERENCE currently set in this matter on Thursday, October 13, 2016 at 3:00 p.m. Signed by Magistrate Judge Matthew P. Brookman on 9/30/2016.(SWM) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

83

SCHEDULING ORDER: Discovery Conference set for 10/20/2016 at 12:30 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 10/19/2016.(TMB) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

85

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 10/20/2016. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

86

MOTION to Withdraw Attorney Appearance , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Pautler, Kelly) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

87

ORDER granting 86 Motion to Withdraw Attorney Appearance. Attorney Kelly J. Pautler withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 11/15/2016. (SWM) (Entered: 11/16/2016)

Nov. 15, 2016

Nov. 15, 2016

88

MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Class Action Complaint in Intervention for Declaratory and Injunctive Relief, # 2 Exhibit 1 (2016 Policy), # 3 Exhibit 2 (CMS Guidance), # 4 Exhibit 3 (2014 Policy), # 5 Exhibit 4 (2015 Policy), # 6 Exhibit 5 (Selner Denial))(Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

89

BRIEF/MEMORANDUM in Support re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

90

NOTICE of Appearance by Gavin Minor Rose on behalf of Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

91

NOTICE of Appearance by Kenneth J. Falk on behalf of Intervenor Plaintiff TENNEIL SELNER. (Falk, Kenneth) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

92

NOTICE of No Objection , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) . (Jones, Benjamin) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

93

Submission of Proposed Order , re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Plaintiff SARAH JACKSON, Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

94

Unopposed MOTION for Extension of Time to 30 days after decision on ECF No. 88 to File Dismissal Papers Concerning Sarah Jackson , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

95

ORDER − granting 88 Motion to Intervene; Tenneil Selner is hereby granted leave to intervene in this action as a plaintiff and representative of the putative class pursuant to Rule 24(b) of the Federal Rules of Civil Procedure, and that her Class Action Complaint in Intervention for Declaratory and Injunctive Relief is deemed filed as of this date. The Clerk is directed to administratively re−open this case. Signed by Judge Sarah Evans Barker on 1/3/2017. (CKM) (Entered: 01/04/2017)

Jan. 3, 2017

Jan. 3, 2017

98

STIPULATION of Dismissal of Sarah Jackson , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

99

DISMISSAL − SARAH JACKSON (on her own behalf and on behalf of a class of those similarly situated) terminated. Approves Parties Stipulation of Dismissal from the case, with prejudice. Signed by Judge Sarah Evans Barker on 1/17/2017.(MAC) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

100

Def's ANSWER to 1 Complaint , filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Jones, Benjamin) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

101

SCHEDULING ORDER: Status Conference set for 3/23/2017 11:45 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 1/26/2017.(SWM) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

103

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/23/2017. The briefing schedules for Plaintiff's anticipated Motion to Certify Class and Motion for Preliminary Injunction shall be as follows: A. Plaintiff's motions shall be filed on or before June 30, 2017. B. Defendant's responses to the motions shall be filed on or before July 28, 2017. C. Plaintiff's replies shall be filed on or before August 18, 2017. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

104

Joint MOTION for Extension of Time to 08/14/2017 Extension of Briefing Schedule for Mot. for Prelim. Inj. & Mot. for Class Cert. , filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

105

NOTICE of Appearance by Jennifer Elizabeth Lemmon on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Lemmon, Jennifer) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

106

ORDER − granting 104 Motion for Joint Motion to Amend Briefing Schedule. *** SEE ORDER FOR DATES AND DEADLINES ***. Signed by Judge Sarah Evans Barker on 6/28/2017. (CKM) (Entered: 06/29/2017)

June 28, 2017

June 28, 2017

107

NOTICE of Substitution of Appearance by Kelly Suzanne Witte replacing Jonathan P. Nagy on behalf of SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Witte, Kelly) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

108

ORDER − Acknowledges the Notice of Appearance and Substitution . Jonathan P. Nagy is hereby withdrawn. The appearance of Kelly S. Witte is entered. Signed by Judge Sarah Evans Barker on 7/27/2017. (marginal notation)(CKM) Modified on 7/27/2017 (CKM). (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

109

SCHEDULING ORDER − Telephonic Discovery Conference set for 8/9/2017 at 10:30 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 8/8/2017.(JRB) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

111

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 8/9/2017. Parties were represented by counsel. No further orders entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (JRB) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

112

Unopposed MOTION for Extension of Time to 10/13/2017 to file Prelim. Inj. Mot. & to 08/28/2017 to file Class Cert. Mot. , filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

114

***WITHDRAWN PER ORDER OF 3/27/2018*** MOTION to Certify Class (Renewed) , filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Exhibit 1 (Interrogatory Responses))(Rose, Gavin) Modified on 3/28/2018 (CBU). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

115

BRIEF/MEMORANDUM in Support re 114 MOTION to Certify Class (Renewed) , filed by Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

116

RESPONSE in Opposition re 114 MOTION to Certify Class (Renewed) , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

Case Details

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 11, 2015

Closing Date: Feb. 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Any and all adult Medicaid recipients in Indiana, current and future, with a diagnosis of chronic Hepatitis C, genotype 1, who have been prescribed one of the direct-acting antiviral medications enumerated in the 2016 Policy or 2018 Policy, by or in consultation with an Infectious Disease or GI specialist, but do not meet the medical requirements of such policy to receive Medicaid reimbursement for that prescribed medication.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana Family and Social Services Administration , State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $117,500

Issues

General:

Payment for care

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

Benefit Source:

Medicaid