Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)
Supreme Court proceedings in Moda, BC BS NC, Land of Lincoln, and Maine CHO
Risk corridors cases that went to the Supreme Court or were stayed pending Supreme Court rulings
Grey type indicates files that I have not uploaded onto the WordPress server.
Risk adjustment cases in federal court: Minuteman Health, New Mexico HC, UnitedHealthcare v. Vullo (now Lacewell), and Vista Health
Other cases, including the Fourth Circuit reinsurance tax refund case
The Supreme Court Risk Corridor Opinion
Maine Community Health Options v. United States, No. 18-1023 (U.S., April 27, 2020)
Lists of risk corridor (1342) cases in the Court of Federal Claims
A list of pending risk corridor cases, May 13, 2020
A list of pending risk corridor cases 5 13 20
A rolling list of pending risk corridor cases
a-list-of-pending-risk-corridor-cases-12-23-20
Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038); oral argument transcript, December 10, 2019
Maine CHO
Opening brief, August 30, 2019
AHIP amicus, September 6, 2019
20190906145517152_Nos 18-1023 18-1028 18-1038tsacAHIPpdfa
Wisconsin Physicians Service amicus, September 6, 2019
20190906111328383_WPS Amici Curiae Brief
NAIC amicus, September 6, 2019
20190906134843972_18-1023_18-1028_18-1038tsacNationalAssociationOfInsuranceCommissioners
Association for Community Affiliated Plans amicus, September 6, 2019
Highmark amicus, September 6, 2019
20190906153222882_Nos. 18-1023 18-1028 18-1038 Amicus Brief
Economists amicus, September 6, 2019
20190906160707274_18-1023 Amicus Brief
Blue Cross Blue Shield Ass’n amicus, September 6, 2019
20190906162616641_Amicus_Blue_Cross
U.S. Chamber of Commerce amicus, September 6, 2019
20190906172511564_2019.09.06 Chamber of Commerce Amicus in Moda Health – No. 18-1028
Oregon amicus, September 6, 2019
20190906180804163_Nos. 18-1023 18-1028 18-1038tsac24StatesAndTheDistrictOfColumbia
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED. |
US respondents’ brief, October 21, 2019
20191021193327456_18-1023bsUnitedStates
Americans for Prosperity amicus, October 25, 2019
20191025131606691_AFP Main Brief
Petitioners’ motion re division of argument time, October 25, 2019
20191025203834496_Filed Motion to Enlarge and Divide Argument
18-1023 ) MAINE COMMUNITY HEALTH OPTIONS V. UNITED STATES ) 18-1028 ) MODA HEALTH PLAN, INC. V. UNITED STATES ) 18-1038 ) LAND OF LINCOLN MUTUAL HEALTH V. UNITED STATES The motion of petitioners for enlargement of time for oral argument and for divided argument is denied.
Petitioners’ reply brief, November 19, 2019
Moda/BC BS NC
Opening brief, August 30, 2019
20190830143120987_18-1028 Brief for Petitioners
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Moda/BCBSNC reply brief, November 19, 2019
20191120125558779_2019-11-20 Moda Merits Reply FINAL
Land of Lincoln
Opening brief, August 30, 2019
20190830124053503_18-1023 ts Land of Lincoln
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Land of Lincoln reply brief, November 19, 2019
Oral argument, December 10, 2019
The cert paperwork: Moda, BC BS NC, Land of Lincoln, and Maine CHO
The cert petitions and cert briefing (note: for a full set of cert-stage amici filings, see Moda, No. 18-1028
Maine CHO cert petition, #18-1023, 2/4/2019
US second request for extension of time to respond, 3/29/2019
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 6/24/2019
Scheduling letter from petitioners, July 12, 2019
20190712143800533_2019-07-12 Moda letter re merits extension FINAL
Moda and BC BS NC cert petition, # 18-1028, 2/4/2019
20190204103044808_2019-02-04 Moda Petn FINAL
AHIP amicus, 3/8/2019
20190308130317204_18-1028 – AHIP Amicus Brief
Highmark amicus, 3/8/2019
20190308124410317_Risk Corridors SCT Amicus Br FINAL 3.8.19
18 States plus DC amicus, 3/8/2019
20190308140126641_Moda Health Final
Ass’n for Community Affiliated Plans amicus, 3/8/2019
20190308142252862_18-1028 Amicus Brief ACAP
NAIC amicus, 3/8/2019
20190308163438724_NAIC – Moda Cert Petition Amicus Brief 4850-5934-5545 v.5
Economists amicus, 3/8/2019
20190308173401539_18-1023 18-1028 and 18-1038 tsac Economists
Chamber of Commerce of US amicus, 3/8/2019
20190308174202859_2019.03.08 Chamber of Commerce of the United States Amicus ISO Petitioners
Blue Cross Blue Shield Ass’n amicus, 3/8/2019
20190308182354583_1 – Risk_Corridors_Amicus_ISO_Certiorari
US second request for extension of time to respond, 3/29/2019
20190329182803739_Extension letter 18-1028 2nd
Cert response
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 7/24/2019
| Jul 17 2019 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ briefs on the merits is extended to and including August 30, 2019. The time to file respondent’s brief on the merits is extended to and including October 21, 2019. VIDED. |
Land of Lincoln cert petition, # 18-1038, 2/4/2019
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
US second request for extension of time to respond, 3/29/2019
20190329182844939_Extension letter 18-1038 2nd
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190524093027350_Land of Lincoln Cert Reply 5-23-19
Cert granted, 6/24/2019
Risk corridor (1342) cases in the Court of Federal Claims
Cases, by ascending Court of Federal Claims file number:
Health Republic Insurance Co. v. U.S., No. 16-259 C (Ct. Fed. Cl., filed 2/24/2016), Risk Corridor class action
Class action complaint, 2/24/2016
Motion to dismiss, 6/24/2016
Opposition to motion to dismiss, 8/15/2016
Reply supporting motion to dismiss, 9/9/2016
Motion for class certification, 10/5/2016
Motion to appoint interim class counsel, 10/5/2016
motion to appoint interim class counsel
House motion for leave to file amicus, 10/13/2016
House proposed amicus brief, 10/13/2016
House amicus brief exhibit 1, 10/13/2016
Health Republic’s op to House as amicus, 10/17/2016
Stipulation re interim class counsel, 10/24/2016
Order re interim class counsel, 10/25/2016
Order denying House’s request, 11/7/2016
Oral argument scheduling request order, 11/10/2016
Oral argument scheduling order, 11/14/2016
Oral argument cancellation order, 12/6/2016
Gov’t’s class cert response, 12/23/2016
Gov’t’s unopposed mo for class cert order plus proposed order, 12/23/2016
Class certification order, 1/3/2017
Order largely denying motion to dismiss, 1/10/2017
Motion for approval of opt in notice, 1/23/2017
Answer, 1/27/2017
Order approving class notice, 3/1/2017
Plaintiff’s motion for summary judgment, 3/3/2017
Govt’s summary judgment opposition and cross-motion, 4/12/2017
Plaintiff’s SJ reply, 5/15/2017
Govt’s SJ reply, 6/2/2017
Health Republic class opt in cover, 6/12/2017
Class opt in list no objection, 6/12/2017
Class opt in list objections, 6/12/2017
Status report order, 6/16/2017
Stay order, 7/11/2017
Status report with class list, 8/10/2017
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/29/2018
Order re additional class members, 3/12/2020
Order including addl class members
Joint status report, 5/12/2020
Scheduling and additional stay order (to 6/29), 5/14/2020
45 day stay and scheduling order
Motion to include additional class member, 6/23/2020
Health Republic addl class member 6 23 20
Order adding class member, 6/24/2020
Joint status report (7 13), 6/29/2020
Health Republic joint status 6 29 20
Scheduling order (7 10), 6/30/2020
Joint status report (7 17), 7/10/2020
Health Republic joint status 7 10 20
Scheduling order, 7/13/2020
Health Republic scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Health Republic joint mo divide and stip
Joint status report, 7/17/2020
Health Republic joint status 7 17 20
Order dividing classes and for entry of judgment, 7/23/2020
Health Republic division and entry order
54(b) judgment, 7/23/2020
Health Republic motion for attorney’s fees, with exhibits, 7/30/2020
US motion to amend answer, 8/3/2020
Health Republic US mo to amend answer
Class’s opposition to motion to amend answer, 8/13/2020
US reply supporting amending answer, 8/20/2020
Kaiser opposition to attorney’s fees request, 8/20/2020
Joint status report re Arches subclass, 8/21/2020
Joint status report re Arches subclass 8 21 20
Joint status order re Arches subclass, 8/24/2020
Health Republic Arches subclass order
Reply supporting attorney’s fees request, 9/3/2020
Joint status report re Arches subclass, 9/18/2020
Health Republic joint status 9 18 20
Arches subclass status order, 9/21/2020
Order allowing amended answer re setoffs, 9/30/2020
Order allowing amended answer for setoffs
Motion to disburse 95% to class, 10/15/2020
Health Republic mo disbursement funds
Disbursement order, 10/16/2020
Health Republic disbursement order
Arches subclass joint status report, 10/16/2020
Health Republic Arches joint status 10 16 20
Status report order, 10/19/2020
Health Republic status report order 10 19 20
Amended US answer asserting counterclaim (dispute subclass), 10/30/2020
Health Republic amended answer asserting counterclaim
Class motion to dismiss counterclaims, 11/20/2020
Health Republic dispute subclass mo dism counterclaim
Joint status report, 12/15/2020
Health Republic dispute joint status report 12 15 20
Status report order, 12/16/2020
Health Republic status order 12 16 20
US opposition to motion to dismiss counterclaims, 1/22/2021
Joint status report, 2/1/2021
Health Republic joint status report 2 1 21
Status report order, 2/2/2021
Health Republic status order 2 2 21
Reply to US opposition to dismissing counterclaims, 2/26/2021
HR dispute dismiss xclaims reply
Arches subclass joint status report, 3/19/2021
HR arches subclass status report 3 19 21
Arches subclass status report order, 3/19/2021
HR arches subclass order 3 19 21
Joint motion to separate out and resolve Freelancers claims, 4/13/2021
HR Freelancers motion to divide 4 13 21
Arches subclass joint status report, 5/3/2021
Health Republic joint status 5 3 21
Arches subclass status report order, 5/4/2021
Health Republic joint status order 5 4 21
Freelancers order, 6/1/2021
Freelancers 54(b) judgment, 6/3/2021
HR Freelancers 54 b judgment 6 3 21
Notice of supplemental authority (Conway), 6/7/2021
US response re Conway, 6/8/2021
Order re status reports, 6/11/2021
Stipulation to enter judgment for Arches subclass, 6/17/2021
HR Arches subclass stip for j 6 17 21
Order for judgment for Arches subclass, 6/24/2021
HR Arches subclass order for j 6 24
Motion for attorney’s fees for Freelancers subclass, 6/24/2021
HR Freelancers atty fee mo 6 24
Arches subclass 54(b) judgment, 6/28/2021
HR Arches subclass 54 b judgment 6 28
Request for disbursements to Freelancers and Arches, 8/6/2021
HR Freelancers Arches disbursements request
Order for disbursement, 8/12/2021
US response to Conway, 9/10/2021
Attorney’s fees opinion and orders, 9/16/2021
54(b) judgments, 9/17/2021
Objectors’ notice of appeal, 10/1/2021
Federal Circuit # 22-1018
Order setting oral argument for 1/28/22, 12/16/2021
Unopposed US motion to continue oral argument, 1/21/2022
Continuance order, 1/24/2022
Opening brief, 1/28/2022
Joint status report, 2/28/2022
Scheduling order for 4/27, 3/9/2022
Stipulation for entry of partial final judgment, 3/29/2022
Appellees’ brief, 3/31/2022
Order, 4/7/22
Joint status report, 4/14/22
Parties’ joint motion to divide subclass, 4/14/22
HR joint mo divide subclass 4 14 22
Plaintiffs’ supplemental brief on offsets, 5/18/2022
HR appellants’ reply brief, 5/26/2022
54(b) judgment for fees, 5/31/2022
US supplemental brief, 6/8/2022
HR response to US supplemental brief, 6/22/2022
HR response to Colorado Health motion to strike, 6/29/2022
Opinion re offsets, 8/19/2022
Motion for extension of time to answer counterclaim, 8/30/2022
| 08/31/2022 | ORDER granting 171 Motion for Extension of Time to Answer. Answer due by 10/3/2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made. (Entered: 08/31/2022) |
Motion for extension of time to respond to counterclaim, September 30, 2022
| 09/30/2022 | ORDER granting 172 Motion for an Enlargement of Time to Respond to Defendants Counterclaim. Answer due two weeks following the Court’s decision on Plaintiff’s forthcoming Motion for Clarification. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 09/30/2022) |
Plaintiffs’ motion for clarification, October 7, 2022
Unopposed US motion for extension, October 20, 2022
HR US unop mo xt respond clarif 10 20 22
| 10/20/2022 | ORDER granting 174 Unopposed MOTION for Extension of Time to File Response as to 173 MOTION for Clarification . Response to Motion for Clarification due by 11/4/2022. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 10/20/2022) |
US clarification opposition, November 4, 2022
Plaintiffs’ clarification reply, November 14, 2022
| 12/05/2022 | 50 | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: Mohammad Keshavarzi for Appellants Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan of Georgia, et al. and Derek L. Shaffer for Health Republic Insurance Company and Common Ground Healthcare Cooperative. Oral Argument Audio available here. [888381] [MJL] [Entered: 12/05/2022 04:09 PM] |
Clarification order, December 7, 2022
Health Republic fees opinion, January 31, 2023
22-1018.OPINION.1-31-2023_2072615
Health Republic motion for status conference, March 13, 2023
Order for status conference, March 20, 2023
HR CG order for status c 3 20 23
Colorado Health Insurance Cooperative answer to US counterclaim, March 20, 2023
HR Colo HIC answer to US counterclaim 3 20 23
Post status conference order, March 22, 2023
HR post status conf order 3 22
Joint status report, April 4, 2023
HR CG joint status report 4 4 23
=====
First Priority/Highmark v. U.S., No. 16-587 C (Ct. Fed. Cl., filed 5/17/2016), Risk Corridor case
Complaint, 5/17/2016
Motion to dismiss, 9/16/2016
Penn. motion for leave to file amicus, 10/14/2016
Penn. proposed amicus brief, 10/14/2016
Response to motion to dismiss, 10/14/2016
Gov’t response to amicus request, 10/31/2016
Plaintiff’s sur-reply, 11/10/2016
US response to Penn. amicus brief, 11/17/2016
Plaintiff’s reply to response to Penn. amicus brief, 11/23/2016
Additional authority notices and responses
Pltf resp to def addl auth (Land of Lincoln)
Order requesting supplemental briefing, 3/24/2017
Plaintiffs’ supplemental brief, 4/7/2017
US supplemental brief, 4/7/2017
Plaintiffs’ second supplemental brief, 5/12/2017
US second supplemental brief, 5/12/2017
Plaintiffs’ third supplemental brief, 9/8/2017
US third supplemental brief, 9/8/2017
Stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/11/2018
Joint status report, 5/12/2020
MODA v. U.S., No. 16-649 C (Ct. Fed. Cl., filed 6/1/2016)
Complaint, 6/1/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss and cross motion for summary judgment, 10/25/2016
US motion for stay, 11/16/2016
MODA op to US motion for stay, 11/22/2016
Order denying stay, 11/28/2016
US response to cross motion, reply supporting motion to dismiss, 12/9/2016
Plaintiff reply in support of cross motion, 12/23/2016
Order setting oral argument, 1/3/2017
Opinion, 2/9/2017
Joint status report re unpaid amounts, 3/1/2017
Order to clerk to enter judgment, 3/2/2017
Judgment, 3/6/2017
Appeal file # 17-1994
Moda motion to have Land of Lincoln panel handle its case, 5/11/2017
Govt op to Moda same panel motion, 5/12/2017
Moda Govt motion for stay, 5/12/2017
Moda same panel reply, 5/15/2017
Moda Moda op to govt mo for stay, 5/17/2017
Moda govt stay reply, 5/18/2017
Order assigning same panel and denying stay, 5/30/2017
US opening brief, 7/10/2017
House amicus brief, 7/17/2017
Moda appellee brief, 8/21/2017
Ass’n Community Affiliated Plans amicus, 8/28/2017
BC BS Ass’n amicus, 8/28/2017
Health Republic amicus, 8/28/2017
NAIC amicus, 8/28/2017
Oregon and other states amicus, 8/28/30/2017
US reply brief, 9/19/2017
Supp authority re 2016 calculations, 12/4/2017
Oral argument2017-1994.mp3
Moda supp authority re 2019 budget, 2/16/2018
US supp authority response, 2/20/2018
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension and consolidation, 8/6/2018
AHIP motion to file amicus, 8/10/2018
Ass’n for Community Affiliated Plans motion to file amicus, 8/13/2018
NAIC amicus motion, 8/14/2018
Oregon amicus motion, 8/14/2018
Oregon amicus, 8/20/2018
BC BS A amicus, 8/13/2018
NAIC amicus, 8/20/2018
Ass’n for Community Affiliated Plans amicus, 8/20/2018
US response, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition, 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
Cert response (in all 4 cases), 5/8/2019
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Federal Circuit order (7 5), 6/5/2020
FC Moda order for briefing 6 5 2020
Stipulation for remand, 6/26/2020
Federal Circuit remand, 6/30/2020
Amended complaint, 7/2/2020
Stipulation for entry of judgment, 7/2/2020
Order for entry of judgment, 7/3/2020
Judgment, 7/7/2020
Blue Cross and Blue Shield of NC v. U.S., No. 16-651 C (Ct. Fed. Cl., filed 6/2/2016), Risk Corridor case
Complaint, 6/2/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss, 10/31/2016
op to motion to dismiss bc bs nc
Reply supporting motion to dismiss, 11/22/2016
Sur-reply opposing motion to dismiss, 12/6/2016
Order for supplemental briefing, 2/13/2017
Plaintiff’s supplemental brief, 3/3/2017
Govt’s supplemental brief, 3/3/2017
Plaintiff’s reply supplemental brief, 3/17/2017
Govt’s reply supplemental brief, 3/17/2017
Scheduling order, 3/24/2017
Opinion, 4/18/2017
Notice of appeal, 6/9/2017
Appeal file # 17-2154
BCBSNC opening brief, 8/21/2017
Appellee brief, 11/1/2017
Reply brief, 11/29/2017
Request for oral argument, 2/9/2018
Opposition to request for oral argument, 2/12/2018
US same panel motion, 3/23/18
Same panel order, 3/28/18
FC stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
BC BS NC response, 6/27/2018
Consent motion for entry of judgment, 7/6/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/31/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition (together with Moda), 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
For cert response, see Moda
Federal Circuit order for further briefing (7 5), 6/5/2020
FC BC BS NC order for briefing 6 5 2020
Federal Circuit remand, 6/24/2020
Order for status report (7 6) and hearing (7 21), 6/24/2020
Joint status report, 7/6/2020
Scheduling order, 7/7/2020
Amended complaint, with exhibits, 7/8/2020
Stipulation for entry of judgment, 7/20/2020
Order for entry of judgment, 7/21/2020
BC BS NC order for entry of judgment
Judgment, 7/22/2020
Land of Lincoln Mutual Health Insurance Co. v. USA, No. 16-744 (Ct. Fed. Cl., filed 6/23/2016), Risk Corridor case
Complaint, 6/23/2016
Govt motion to dismiss, 9/23/2016
Pltf motion for judgment on administrative record, 9/23/2016
MODA/Health Republic mo for leave to file amicus plus proposed brief, 10/5/2016
Pltf agreement to amicus, 10/6/2016
Govt opposition to amicus, 10/6/2016
Order denying amicus, 10/7/2016
Pltf op to Govt mo to dismiss, 10/14/2016
Govt op to pltf mo for judgment on admin record, 10/14/2016
Govt mo to strike, 10/14/2016
Pltf op to govt mo to strike, 10/17/2016
Govt reply supporting motion to strike, 10/17/2016
Amended scheduling order/denial of motion to strike, 10/18/2016
Govt reply in support of motion to dismiss, 10/19/2016
Pltf reply in support of motion for judgment on administrative record, 10/19/2016
Govt op to pltf motion for judgment, 10/25/2016
Pltf reply in support of motion for judgment, 11/2/2016
Order dismissing case, 11/10/2016
Appeal # 17-1224
Order denying mo to expedite appeal, 11/23/2016
Appellant’s brief, 1/31/2017
AHIP amicus brief, 2/7/2017
Avera MODA amicus brief, corrected version, 2/9/2017
BC BS SC amicus brief, 2/7/2017
Health Republic amicus brief, 2/7/2017
Highmark amicus brief, 2/7/2017
State health co-ops amicus brief, 2/7/2017
ACHP amicus brief, corrected version, 2/13/2017
US appellee’s brief, 4/25/2017
House motion for leave to file amicus, 5/1/2017
Scheduling order, 5/2/2017
scheduling order re house amicus brief leave request
Plaintiff op to House motion for leave to file amicus, 5/8/2017
House pro-amicus reply, 5/11/2017
LOL Moda same panel motion, 5/12/2017
LOL Moda same panel Govt op, 5/12/2017
LOL Moda same panel reply, 5/16/2017
Insurers addl amicus motion, 5/18/2017
Govt addl amicus opposition, 5/18/2017
Insurers addl amicus reply, 5/18/2017
NA state health coops amicus mo, 5/19/2017
US state health coops amicus op, 5/22/2017
Land of Lincoln reply, 5/23/2017
Land of Lincoln House amicus order, 5/30/2017
Land of Lincoln House amicus brief, approved 5/30/2017
Land of Lincoln Moda same panel order, 5/30/2017
Land of Lincoln supplemental authority 2016 calculations, 12/4/2017
Land of Lincoln supplemental authority notice 2019 budget, 2/16/2018
Land of Lincoln supplemental authority response, 2/20/2018
FC LOL budget addl auth US response
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
US request for extension and consolidated response, 8/6/2018
AHIP motion to file amicus, 8/10/2018
CommonGround motion to file amicus, 8/13/2018
Bundorf motion to file amicus, 8/13/2018
Bundorf amicus, 8/14/2018
Health Republic amicus, 8/14/2018
AHIP amicus, 8/20/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Petition for certiorari, 2/4/2019
#18-1038
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
For response, see Moda
Federal Circuit order for briefing (7 5), 6/5/2020
FC Land of Lincoln order for briefing 6 5 2020
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/27/2020
Order for entry of judgment, 6/29/2020
Judgment, 6/30/2020
Maine CHO v. USA, No. 16-967 (Ct. Fed. Cl., filed 8/9/2016), Risk Corridor case
Govt motion for stay, 10/31/2016
Maine CHO motion for summary judgment, 11/3/2016
Maine CHO op to Govt motion for stay, 11/11/2016
Maine CHO motion for status conference, 11/17/2016
Order denying motion for status conference, 11/18/2016
order denying mo for status conf
Order denying mo for stay, 12/2/2016
Motion to dismiss and summary judgment op, 1/13/2017
Summary judgment reply and mo to dism op, 1/20/2017
Govt mo dism reply, 2/6/2017
Order partially denying dismissal and setting supp briefing, 3/9/2017
Govt supp brief, 3/31/2017
Maine CHO supp brief, 3/31/2017
Govt reply supp brief, 4/10/2017
Maine CHO reply supp brief, 4/10/2017
Maine CHO opinion, 7/31/2017
Notice of appeal, 8/2/2017
Appeal file # 17-2395
Opening brief, 10/6/2017
Appellees’ brief, 12/6/2017
Appellants’ reply brief, 12/22/2017
Oral argument2017-1224.mp3
Appellant’s supplemental authority, 3/16/18
US response to supplemental authority, 3/20/18
US same panel motion, 3/23/18
Same panel order, 3/28/18
Stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
Consent request for entry of judgment, 6/29/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Maine CHO petition for certiorari, 2/4/2019
# 18-1023
For response, see Moda
Maine CHO reply
20190522145344810_18-1023.cert.rb-1
Federal Circuit order for briefing (7 5), 6/5/2020
FC Maine CHO order for briefing 6 5 20
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/22/2020
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
New Mexico Health Connections v. USA, No. 16-1199 (Ct. Fed. Cl., filed 9/26/16), Risk Corridor case
Complaint, 9/26/2016
Unopposed motion to stay, 10/24/2016
Stayed until 14 days after Land of Lincoln
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order lifting stay, next status report 6 26, 5/12/2020
First amended complaint, 6/12/2020
NMHC risk corridor amended complaint
Joint status report, 6/26/2020
Stay order (7 10), 6/26/2020
Stipulation for entry of judgment, order for judgment, judgment, all 6/30/2020
BCBSM v. USA, No. 16-1253 (Ct. Fed. Cl., filed 10/3/2016), Risk Corridor case
Complaint, 10/3/2016
Joint mo for stay, 12/1/2016
Stayed
Joint status report and request, 7/24/2018
Stay order, 7/25/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Amended complaint, 5/28/2020
Order for entry of judgment, 6/25/2020
Judgment, 7/2/2020
BC Idaho HS v. USA, No. 16-1384 (Ct. Fed. Cl., filed 10/24/2016), Risk Corridor case
Unopposed motion for stay filed, 11/22 and 11/23/2016
Order denying motion to stay, 12/2/2016
Govt mo to dismiss, 3/1/2017
Unopposed mo to stay filed, 3/7/2017
Stay ordered, 3/8/2017
Stay extension request, 6/27/2018
Order continuing stay, 6/27/2018
Order for further status report, 5/12/2020
Joint status report, 5/29/2020
BC ID joint status report 5 29 20
Status report order (for 6 29), 6/3/2020
Stipulation for entry of judgment, 6/29/2020
Judgment, 7/2/2020
Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case
Stay ordered, 11/7
Joint status report continuing stay request, 6/27/2018
Continuing stay order, 6/27/2018
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
Joint status report, 5/27/2020 (to 6 26 or 6 29)
Status report order (for 7 9), 6/2/2020
Stay (to 7 24), 7/9/2020
Stipulation for entry of judgment, 7/22/2020
Minuteman Health stip for entry of judgment
Order for entry of judgment, 7/23/2020
Judgment, 7/23/2020
Montana Health Co-Op, No. 16-1427 (Ct. Fed. Cl., filed 10/28/2016), Risk Corridor case
Montana motion for summary judgment, 11/15/2016
Government motion for stay, 11/17/2016
Montana opposition to motion for stay, 11/18/2016
Order denying stay, 12/14/2016
Plaintiff’s supplemental brief, 2/23/2017
Government’s supplemental brief, 2/23/2017
Plaintiff’s second supplemental brief, 5/12/2017
Government’s second supplemental brief, 5/12/2017
Plaintiff’s third supplemental brief, 9/8/2017
Government’s third supplemental brief, 9/8/2017
Montana HCO stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed stay, 12/14/2016
Continued stay order, 9/4/2018
Status report, 9/19/2018
Stay order, 9/24/2018
Alliant order extending stay 9 24 18
Joint status report, 7/2/2019
Alliant joint status report 7 2 19
Order extending stay, 7/2/2019
Alliant order extending stay 7 2 19
Joint status report, 9/19/19
Order extending stay, 9/24/19* (report w/in 30 days)
Joint status report, 5/27/20 (to 7 10)
Order, for 7/10, 5/28/20
Alliant amended complaint, 7/9/2020
Alliant stipulation for entry of judgment, 7/9/2020
Alliant stip for entry of judgment
Order for entry of judgment, 7/13/2020
Alliant order for entry of judgment
Order for entry of judgment, 7/14/2020
Alliant order for entry of judgment 7 14 20
Judgment, 7/14/2020
BC BS South Carolina v. USA, No. 16-1501 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed motion for stay, 12/28/2016
Stayed
Voluntary dismissal due to opting in to Health Republic, 5/30/2017
Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case
Stay granted 1/30/17 and 5/4/17, pending Land of Lincoln
Joint status report, 6/25/2018
Stay order, 6/26/2018
Joint status report, 5/12/2020
Order for next status report 6 26, 5/12/2020
Joint status report, 6/26/2020
Continued stay order (7 27), 6/26/2020
Joint status report 7/27/2020
Status report order (to 8 26), 7/28/2020
Joint status report, 8/26/2020
Order continuing stay (to 9 25), 8/26/2020
Joint status report, 9/25/2020
Neighborhood HP joint status 9 25 20
Order continuing stay (to 10 26), 9/29/2020
Joint status report, 10/26/2020
Neighborhood HP joint status 10 26 20
Stay order (15 days), 11/2/2020
Neighborhood HP status order 11 2 20
Stipulation for entry of judgment, 11/9/2020
Order for entry of judgment, 11/16/2020
Judgment, 11/16/2020
Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case
Request for stay, 3/1/2017
Order denying stay, 3/2/2017
US motion for stay, 6/22/2017
Health Net op to stay, 7/10/2017
US stay reply, 7/12/2017
Additional stay authority, 7/18/2017
60 day stay order, 10/23/2017
Joint status report to continue stay, 11/28/2017
Joint status report to continue stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report 5/12/2020
Motion for leave to file amended complaint, with amended complaint, 5/27/2020
Joint status report, 5/29/2020
Health Net joint status report 5 29
Health Net status order (6 29), 6/3/2020
Health Net joint status order 6 3 20
Health Net amended complaint, 6/3/2020
Health Net joint status report (7 13), 6/29/2020
Health Net joint status report 6 29 20
Status report order (7 13), 7/1/2020
Joint status report, 7/13/2020
HealthNet joint status 7 13 20
Status report order (for 7 20), 7/17/2020
HealthNet status order 7 17 20
Joint status report, 7/20/2020
Health Net joint status report 7 20 20
Status report order (7 27), 7/21/2020
Stipulation for entry of judgment, 7/27/2020
Order for entry of judgment, 7/28/2020
Order for entry of judgment 7 28
Judgment, 7/29/2020
HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case
Joint status report, 2/16/2017
Order denying stay, 2/21/2017
Amended complaint, 3/8/2017
HPHC motion for partial summary judgment, 3/8/2017
Gov’t motion to dismiss and partial summary judgment op, 4/13/2017
HPHC partial summary judgment reply/cross motion opposition, 4/28/2017
Gov’t reply supporting mo to dismiss, 5/15/2017
Stay order, 7/11/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 7/12/2019
Continued stay order, 7/12/2019* (report w/in 30 days)
Joint status report, 5/27/2020
Status report order (for 7 7), 6/2/2020
Stipulation for entry of judgment, 6/26/2020
Consolidation order, 7/6/2020
Order for judgment, 7/7/2020
Judgment, 7/7/2020
Medica Health Plans v. USA, No. 17-94 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Joint motion for stay, 3/10/17
Stayed
Joint status report and request for continued stay, 8/16/18
Continued stay order, 8/16/18* (report w/in 30 days)
Order for status report by 6/23, 5/18/2020
Amended complaint, 5/28/2020
medica risk corridor amended complaint
Stipulation for entry of judgment, 6/19/2020
medica stip entry judgment 6 19 20
Order for entry of judgment, 6/19/2020
Medica order directing judgment
Judgment, 6/19/2020
Blue Cross Blue Shield of Kansas City v. USA, No. 17-95 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Gov’t motion to dismiss, 5/23/2017
Consent stay order, 6/14/2017
Joint status report and request for continued stay, 6/27/2018
joint status report and request
Joint status report, 5/12/2020
Order for joint status report in 45 days, 5/13/2020
Stipulation for entry of final judgment, 6/29/2020
Stip for entry of final judgment
Order for judgment, and judgment, 6/30/2020
Molina Healthcare of California v. USA, No. 17-97 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Plaintiffs’ motion for partial summary judgment, 3/14/2017
Order denying stay, 3/24/2017
US opposition/cross-motion, 4/28/2017
Molina reply/opposition, 5/30/2017
Oral argument issues order, 6/20/2017
Opinion, 8/4/2017
Joint status report with amount and stay, 8/25/2017
Stay order, 8/28/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order for joint computation of damages w/in 30 days, 5/13/2020
Joint status report, 6/12/2020
Stipulation for judgment, 6/17/2020
Judgment, 6/19/2020
Blue Cross and Blue Shield of Alabama v. USA, No. 17-347 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17, 5/11/17
Stay order, 5/11/17
Joint status report and request for continued stay, 6/22/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 7/2/2018
Order lifting stay, 5/11/2020
First amended complaint, 5/13/2020
Joint status report, 5/29/2020
Status report order (6 29), 6/3/2020
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
Order for entry of judgment, 7/1/2020
order for entry of judgment 7 1
Judgment, 7/2/2020
Bluecross Blueshield of Tennessee v. USA, No. 17-348 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17 filed and granted, 5/11/17
Joint status report and request for continued stay, 6/22/2017
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Order vitiating stay, 5/5/2020
First amended complaint, 5/18/2020
BC BS TN first amended complaint
Joint status report, 5/29/2020
Order (for 6 29), 5/29/2020
Stipulation for entry of judgment, 6/26/2020
Order for entry of judgment, 6/26/2020
Judgment, 6/26/2020
Sanford Health Plan v. USA, No. 17-357 (Ct. Fed. Cl., filed 3/15/2017), Risk Corridor case
Plaintiff’s motion for partial summary judgment, 3/22/2017
Govt motion for stay, 4/20/2017
Plaintiff’s opposition to stay, 4/24/2017
Govt stay reply, 4/27/2017
Stay order, 5/1/2017
Joint status report and request for continued stay, 6/27/2018
Order continuing stay, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Sanford RC stip entry judgment
Order for entry of judgment, 7/28/2020
Judgment, 7/29/2020
Farmer v. USA, No. 17-363 (Ct. Fed. Cl., filed 3/17/2017), Risk Corridor case
US motion to stay, 5/4/2017
Response to motion to stay, 5/22/2017
Reply supporting stay, 6/2/2017
Stay order, 6/7/2017
stayed
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/28/2018* (report w/in 30 days)
Joint status report, 5/27/2020 (to 7 13)
Status report order (to 7 13)
Joint status report, 7/16/2020
Joint status report order (8 31), 7/17/2020
Farmer status report order 7 17 20
Stipulation for entry of judgment, 8/12/2020
Order of dismissal, and judgment, 8/14/2020
order of dismissal, and judgment
Health Alliance Medical Plans v. USA, No. 17-653 (Ct. Fed. Cl., filed 5/18/2017), Risk Corridor case
Motion for stay, 6/22/2017
Op to motion for stay, 7/10/2017
Reply supporting stay, 7/12/2017
Stay, 7/17/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Non-acceptance of stipulation (7 7), 6/30/2020
Stipulation for entry of judgment, 6/30/2020
Order for judgment, 7/2/2020
Judgment, 7/2/2020
EmblemHealth v. USA, No. 17-703 (Ct. Fed. Cl., filed 5/26/2017), Risk Corridor case
Unopposed motion for stay, 7/25/2017
Joint status report, 7/13/2018
Order for continued stay, 7/16/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Scheduling order, 5/28/2020 (to 6 26)
Joint status report (to 7 10), 6/26/2020
Emblemhealth joint status 6 26
Scheduling order, 6/29/2020
Stipulation for entry of judgment, 7/10/2020
EmblemHealth stip entry judgment
Order for entry of judgment, 7/10/2020
EmblemHealth order for entry of judgment
Judgment, 7/10/2020
CommonGround Healthcare Cooperative v. USA, No. 17-877 (Ct. Fed. Cl. filed 6/27/2017), Risk Corridor case
for CSR part of case, see CSR page
Stay order, 8/11/2017
Amended complaint (class action), 11/22/2017
Motion to certify class, 12/14/2017
Motion to appoint class counsel, 12/14/2017
US response to motions, 12/22/2017
Order extending time re CSR response, 12/22/2017
Partial certification order, 1/8/2018
Motion for approval of risk corridor class notice, 1/26/2018
Order denying risk corridor class notice, requiring motion to be resubmitted, 1/29/2018
Revised class notice motion, 2/1/2018
Order approving risk corridor class notice, 2/1/2018
Notice of risk corridor class, and class list, 5/15/2018
Joint status report, 6/28/2018
Continued stay order (but see above re CSR), 6/29/2018
Motion to include additional class members in 2016 risk corridors class, May 11, 2020
Joint status report, with attachments, May 12, 2020
Post-Maine CHO order, next status report, June 29, May 14, 2020
US nonopposition to including additional class members, May 26, 2020
Order including additional class members, May 27, 2020
order including addl class mbrs
Motion for additional class members, June 23, 2020
Common Ground 2016 mo addl class 6 23 20
Order for additional class members, June 24, 2020
Common Ground 2016 addl class member order
Joint status report, June 29, 2020
Common Ground joint status 6 29 20
Scheduling order (7 10), June 30, 2020
Common Ground scheduling order for 7 10
Joint status report, July 10, 2020
Common Ground joint status 7 10 20
Scheduling order, July 13, 2020
Common Ground scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Common Ground joint mo divide enter judgment non-dispute
Joint status report, 7/17/2020
Common Ground joint status 7 17 20
Order dividing classes and for partial entry of judgment, 7/23/2020
Common Ground order for division and entry
54(b) judgment, 7/23/2020
Motion for attorney’s fees, with exhibits, 7/30/2020
Joint motion to stay proceedings for dispute subclass, 8/13/2020
joint mo to stay dispute subclass
Order staying proceedings for dispute subclass, 8/14/2020
Order staying dispute subclass
Unopposed motion to amend judgment, 8/18/2020
Common Ground CSR unop mo to amend j
Order to amend judgment, 8/19/2020
Common Ground order amending judgment
Amended 54 b judgment, 8/20/2020
Common Ground amended 54 b judgment
Opposition to fees request, 8/20/2020
Reply supporting fees application, 9/3/2020
Dispute subclass joint status report (for 10 9), 9/11/2020
CG dispute subclass joint status 9 11 20
Status report order, 9/14/2020
Dispute subclass joint status report (for 28 more days), 10/9/2020
Common Ground joint status 10 9 20
Status report order, 10/13/2020
Common Ground rc status report order 10 13 20
Motion for disbursement of 95% of funds, 10/15/2020
Common Ground mo disbursement funds
Order for disbursement. October 16, 2020
Common Ground disbursement order
Joint status report, November 6, 2020
Common Ground joint status 11 6 20
Joint status report on dispute subclass, December 4, 2020
Common Ground dispute subclass joint status 12 4
Status report order re dispute subclass, December 7, 2020
Common Ground status report order 12 7 20
Joint status report on dispute subclass, January 4, 2021
Dispute subclass status 1 4 21
Status report order (for 2/22), January 8, 2021
Joint status report, February 22, 2021
Status report order, February 26, 2021
CG status order dispute subclass
Stipulation for entry of partial judgment, April 13, 2021
CG stip partial judgment 4 13 21
CG dispute subclass order, June 1, 2021
CG dispute subclass 54(b) judgment, June 2, 2021
CG dispute subclass 54 b judgment 6 2 21
CG motion for Freelancers’ attorney’s fees, June 24, 2021
CG Freelancers atty fee mo 6 24
CG Freelancers disbursement request, August 6, 2021
CG Freelancers rc 2016 distrib rq
Disbursement order, August 12, 2021
Fees opinion (Health Republic/Common Ground), September 16, 2021
Fees opinion (Freelancers), September 16, 2021
54(b) judgment, September 17, 2021
54(b) judgment re Freelancers, September 17, 2021
Objectors’ notice of appeal, October 1, 2021
| 01/23/2023 | Minute Entry – Was the proceeding sealed to the public? n. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 1/23/2023 before Judge Kathryn C. Davis: Status Conference (Telephone). [Total number of days of proceeding: 1] Approximate duration of proceeding: 30 minutes. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(apkt) (Entered: 01/23/2023) | |
| 01/23/2023 | STATUS REPORT ORDER. Joint Status Report due by 3/10/2023. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 01/23/2023) |
Motion for status conference, March 13, 2023
Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)
Supreme Court proceedings in Moda, BC BS NC, Land of Lincoln, and Maine CHO
Risk corridors cases that went to the Supreme Court or were stayed pending Supreme Court rulings
Grey type indicates files that I have not uploaded onto the WordPress server.
Risk adjustment cases in federal court: Minuteman Health, New Mexico HC, UnitedHealthcare v. Vullo (now Lacewell), and Vista Health
Other cases, including the Fourth Circuit reinsurance tax refund case
The Supreme Court Risk Corridor Opinion
Maine Community Health Options v. United States, No. 18-1023 (U.S., April 27, 2020)
Lists of risk corridor (1342) cases in the Court of Federal Claims
A list of pending risk corridor cases, May 13, 2020
A list of pending risk corridor cases 5 13 20
A rolling list of pending risk corridor cases
a-list-of-pending-risk-corridor-cases-12-23-20
Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038); oral argument transcript, December 10, 2019
Maine CHO
Opening brief, August 30, 2019
AHIP amicus, September 6, 2019
20190906145517152_Nos 18-1023 18-1028 18-1038tsacAHIPpdfa
Wisconsin Physicians Service amicus, September 6, 2019
20190906111328383_WPS Amici Curiae Brief
NAIC amicus, September 6, 2019
20190906134843972_18-1023_18-1028_18-1038tsacNationalAssociationOfInsuranceCommissioners
Association for Community Affiliated Plans amicus, September 6, 2019
Highmark amicus, September 6, 2019
20190906153222882_Nos. 18-1023 18-1028 18-1038 Amicus Brief
Economists amicus, September 6, 2019
20190906160707274_18-1023 Amicus Brief
Blue Cross Blue Shield Ass’n amicus, September 6, 2019
20190906162616641_Amicus_Blue_Cross
U.S. Chamber of Commerce amicus, September 6, 2019
20190906172511564_2019.09.06 Chamber of Commerce Amicus in Moda Health – No. 18-1028
Oregon amicus, September 6, 2019
20190906180804163_Nos. 18-1023 18-1028 18-1038tsac24StatesAndTheDistrictOfColumbia
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED. |
US respondents’ brief, October 21, 2019
20191021193327456_18-1023bsUnitedStates
Americans for Prosperity amicus, October 25, 2019
20191025131606691_AFP Main Brief
Petitioners’ motion re division of argument time, October 25, 2019
20191025203834496_Filed Motion to Enlarge and Divide Argument
18-1023 ) MAINE COMMUNITY HEALTH OPTIONS V. UNITED STATES ) 18-1028 ) MODA HEALTH PLAN, INC. V. UNITED STATES ) 18-1038 ) LAND OF LINCOLN MUTUAL HEALTH V. UNITED STATES The motion of petitioners for enlargement of time for oral argument and for divided argument is denied.
Petitioners’ reply brief, November 19, 2019
Moda/BC BS NC
Opening brief, August 30, 2019
20190830143120987_18-1028 Brief for Petitioners
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Moda/BCBSNC reply brief, November 19, 2019
20191120125558779_2019-11-20 Moda Merits Reply FINAL
Land of Lincoln
Opening brief, August 30, 2019
20190830124053503_18-1023 ts Land of Lincoln
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Land of Lincoln reply brief, November 19, 2019
Oral argument, December 10, 2019
The cert paperwork: Moda, BC BS NC, Land of Lincoln, and Maine CHO
The cert petitions and cert briefing (note: for a full set of cert-stage amici filings, see Moda, No. 18-1028
Maine CHO cert petition, #18-1023, 2/4/2019
US second request for extension of time to respond, 3/29/2019
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 6/24/2019
Scheduling letter from petitioners, July 12, 2019
20190712143800533_2019-07-12 Moda letter re merits extension FINAL
Moda and BC BS NC cert petition, # 18-1028, 2/4/2019
20190204103044808_2019-02-04 Moda Petn FINAL
AHIP amicus, 3/8/2019
20190308130317204_18-1028 – AHIP Amicus Brief
Highmark amicus, 3/8/2019
20190308124410317_Risk Corridors SCT Amicus Br FINAL 3.8.19
18 States plus DC amicus, 3/8/2019
20190308140126641_Moda Health Final
Ass’n for Community Affiliated Plans amicus, 3/8/2019
20190308142252862_18-1028 Amicus Brief ACAP
NAIC amicus, 3/8/2019
20190308163438724_NAIC – Moda Cert Petition Amicus Brief 4850-5934-5545 v.5
Economists amicus, 3/8/2019
20190308173401539_18-1023 18-1028 and 18-1038 tsac Economists
Chamber of Commerce of US amicus, 3/8/2019
20190308174202859_2019.03.08 Chamber of Commerce of the United States Amicus ISO Petitioners
Blue Cross Blue Shield Ass’n amicus, 3/8/2019
20190308182354583_1 – Risk_Corridors_Amicus_ISO_Certiorari
US second request for extension of time to respond, 3/29/2019
20190329182803739_Extension letter 18-1028 2nd
Cert response
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 7/24/2019
| Jul 17 2019 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ briefs on the merits is extended to and including August 30, 2019. The time to file respondent’s brief on the merits is extended to and including October 21, 2019. VIDED. |
Land of Lincoln cert petition, # 18-1038, 2/4/2019
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
US second request for extension of time to respond, 3/29/2019
20190329182844939_Extension letter 18-1038 2nd
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190524093027350_Land of Lincoln Cert Reply 5-23-19
Cert granted, 6/24/2019
Risk corridor (1342) cases in the Court of Federal Claims
Cases, by ascending Court of Federal Claims file number:
Health Republic Insurance Co. v. U.S., No. 16-259 C (Ct. Fed. Cl., filed 2/24/2016), Risk Corridor class action
Class action complaint, 2/24/2016
Motion to dismiss, 6/24/2016
Opposition to motion to dismiss, 8/15/2016
Reply supporting motion to dismiss, 9/9/2016
Motion for class certification, 10/5/2016
Motion to appoint interim class counsel, 10/5/2016
motion to appoint interim class counsel
House motion for leave to file amicus, 10/13/2016
House proposed amicus brief, 10/13/2016
House amicus brief exhibit 1, 10/13/2016
Health Republic’s op to House as amicus, 10/17/2016
Stipulation re interim class counsel, 10/24/2016
Order re interim class counsel, 10/25/2016
Order denying House’s request, 11/7/2016
Oral argument scheduling request order, 11/10/2016
Oral argument scheduling order, 11/14/2016
Oral argument cancellation order, 12/6/2016
Gov’t’s class cert response, 12/23/2016
Gov’t’s unopposed mo for class cert order plus proposed order, 12/23/2016
Class certification order, 1/3/2017
Order largely denying motion to dismiss, 1/10/2017
Motion for approval of opt in notice, 1/23/2017
Answer, 1/27/2017
Order approving class notice, 3/1/2017
Plaintiff’s motion for summary judgment, 3/3/2017
Govt’s summary judgment opposition and cross-motion, 4/12/2017
Plaintiff’s SJ reply, 5/15/2017
Govt’s SJ reply, 6/2/2017
Health Republic class opt in cover, 6/12/2017
Class opt in list no objection, 6/12/2017
Class opt in list objections, 6/12/2017
Status report order, 6/16/2017
Stay order, 7/11/2017
Status report with class list, 8/10/2017
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/29/2018
Order re additional class members, 3/12/2020
Order including addl class members
Joint status report, 5/12/2020
Scheduling and additional stay order (to 6/29), 5/14/2020
45 day stay and scheduling order
Motion to include additional class member, 6/23/2020
Health Republic addl class member 6 23 20
Order adding class member, 6/24/2020
Joint status report (7 13), 6/29/2020
Health Republic joint status 6 29 20
Scheduling order (7 10), 6/30/2020
Joint status report (7 17), 7/10/2020
Health Republic joint status 7 10 20
Scheduling order, 7/13/2020
Health Republic scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Health Republic joint mo divide and stip
Joint status report, 7/17/2020
Health Republic joint status 7 17 20
Order dividing classes and for entry of judgment, 7/23/2020
Health Republic division and entry order
54(b) judgment, 7/23/2020
Health Republic motion for attorney’s fees, with exhibits, 7/30/2020
US motion to amend answer, 8/3/2020
Health Republic US mo to amend answer
Class’s opposition to motion to amend answer, 8/13/2020
US reply supporting amending answer, 8/20/2020
Kaiser opposition to attorney’s fees request, 8/20/2020
Joint status report re Arches subclass, 8/21/2020
Joint status report re Arches subclass 8 21 20
Joint status order re Arches subclass, 8/24/2020
Health Republic Arches subclass order
Reply supporting attorney’s fees request, 9/3/2020
Joint status report re Arches subclass, 9/18/2020
Health Republic joint status 9 18 20
Arches subclass status order, 9/21/2020
Order allowing amended answer re setoffs, 9/30/2020
Order allowing amended answer for setoffs
Motion to disburse 95% to class, 10/15/2020
Health Republic mo disbursement funds
Disbursement order, 10/16/2020
Health Republic disbursement order
Arches subclass joint status report, 10/16/2020
Health Republic Arches joint status 10 16 20
Status report order, 10/19/2020
Health Republic status report order 10 19 20
Amended US answer asserting counterclaim (dispute subclass), 10/30/2020
Health Republic amended answer asserting counterclaim
Class motion to dismiss counterclaims, 11/20/2020
Health Republic dispute subclass mo dism counterclaim
Joint status report, 12/15/2020
Health Republic dispute joint status report 12 15 20
Status report order, 12/16/2020
Health Republic status order 12 16 20
US opposition to motion to dismiss counterclaims, 1/22/2021
Joint status report, 2/1/2021
Health Republic joint status report 2 1 21
Status report order, 2/2/2021
Health Republic status order 2 2 21
Reply to US opposition to dismissing counterclaims, 2/26/2021
HR dispute dismiss xclaims reply
Arches subclass joint status report, 3/19/2021
HR arches subclass status report 3 19 21
Arches subclass status report order, 3/19/2021
HR arches subclass order 3 19 21
Joint motion to separate out and resolve Freelancers claims, 4/13/2021
HR Freelancers motion to divide 4 13 21
Arches subclass joint status report, 5/3/2021
Health Republic joint status 5 3 21
Arches subclass status report order, 5/4/2021
Health Republic joint status order 5 4 21
Freelancers order, 6/1/2021
Freelancers 54(b) judgment, 6/3/2021
HR Freelancers 54 b judgment 6 3 21
Notice of supplemental authority (Conway), 6/7/2021
US response re Conway, 6/8/2021
Order re status reports, 6/11/2021
Stipulation to enter judgment for Arches subclass, 6/17/2021
HR Arches subclass stip for j 6 17 21
Order for judgment for Arches subclass, 6/24/2021
HR Arches subclass order for j 6 24
Motion for attorney’s fees for Freelancers subclass, 6/24/2021
HR Freelancers atty fee mo 6 24
Arches subclass 54(b) judgment, 6/28/2021
HR Arches subclass 54 b judgment 6 28
Request for disbursements to Freelancers and Arches, 8/6/2021
HR Freelancers Arches disbursements request
Order for disbursement, 8/12/2021
US response to Conway, 9/10/2021
Attorney’s fees opinion and orders, 9/16/2021
54(b) judgments, 9/17/2021
Objectors’ notice of appeal, 10/1/2021
Federal Circuit # 22-1018
Order setting oral argument for 1/28/22, 12/16/2021
Unopposed US motion to continue oral argument, 1/21/2022
Continuance order, 1/24/2022
Opening brief, 1/28/2022
Joint status report, 2/28/2022
Scheduling order for 4/27, 3/9/2022
Stipulation for entry of partial final judgment, 3/29/2022
Appellees’ brief, 3/31/2022
Order, 4/7/22
Joint status report, 4/14/22
Parties’ joint motion to divide subclass, 4/14/22
HR joint mo divide subclass 4 14 22
Plaintiffs’ supplemental brief on offsets, 5/18/2022
HR appellants’ reply brief, 5/26/2022
54(b) judgment for fees, 5/31/2022
US supplemental brief, 6/8/2022
HR response to US supplemental brief, 6/22/2022
HR response to Colorado Health motion to strike, 6/29/2022
Opinion re offsets, 8/19/2022
Motion for extension of time to answer counterclaim, 8/30/2022
| 08/31/2022 | ORDER granting 171 Motion for Extension of Time to Answer. Answer due by 10/3/2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made. (Entered: 08/31/2022) |
Motion for extension of time to respond to counterclaim, September 30, 2022
| 09/30/2022 | ORDER granting 172 Motion for an Enlargement of Time to Respond to Defendants Counterclaim. Answer due two weeks following the Court’s decision on Plaintiff’s forthcoming Motion for Clarification. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 09/30/2022) |
Plaintiffs’ motion for clarification, October 7, 2022
Unopposed US motion for extension, October 20, 2022
HR US unop mo xt respond clarif 10 20 22
| 10/20/2022 | ORDER granting 174 Unopposed MOTION for Extension of Time to File Response as to 173 MOTION for Clarification . Response to Motion for Clarification due by 11/4/2022. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 10/20/2022) |
US clarification opposition, November 4, 2022
Plaintiffs’ clarification reply, November 14, 2022
| 12/05/2022 | 50 | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: Mohammad Keshavarzi for Appellants Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan of Georgia, et al. and Derek L. Shaffer for Health Republic Insurance Company and Common Ground Healthcare Cooperative. Oral Argument Audio available here. [888381] [MJL] [Entered: 12/05/2022 04:09 PM] |
Clarification order, December 7, 2022
Health Republic fees opinion, January 31, 2023
22-1018.OPINION.1-31-2023_2072615
Health Republic motion for status conference, March 13, 2023
Order for status conference, March 20, 2023
HR CG order for status c 3 20 23
Colorado Health Insurance Cooperative answer to US counterclaim, March 20, 2023
HR Colo HIC answer to US counterclaim 3 20 23
Post status conference order, March 22, 2023
HR post status conf order 3 22
Joint status report, April 4, 2023
HR CG joint status report 4 4 23
=====
First Priority/Highmark v. U.S., No. 16-587 C (Ct. Fed. Cl., filed 5/17/2016), Risk Corridor case
Complaint, 5/17/2016
Motion to dismiss, 9/16/2016
Penn. motion for leave to file amicus, 10/14/2016
Penn. proposed amicus brief, 10/14/2016
Response to motion to dismiss, 10/14/2016
Gov’t response to amicus request, 10/31/2016
Plaintiff’s sur-reply, 11/10/2016
US response to Penn. amicus brief, 11/17/2016
Plaintiff’s reply to response to Penn. amicus brief, 11/23/2016
Additional authority notices and responses
Pltf resp to def addl auth (Land of Lincoln)
Order requesting supplemental briefing, 3/24/2017
Plaintiffs’ supplemental brief, 4/7/2017
US supplemental brief, 4/7/2017
Plaintiffs’ second supplemental brief, 5/12/2017
US second supplemental brief, 5/12/2017
Plaintiffs’ third supplemental brief, 9/8/2017
US third supplemental brief, 9/8/2017
Stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/11/2018
Joint status report, 5/12/2020
MODA v. U.S., No. 16-649 C (Ct. Fed. Cl., filed 6/1/2016)
Complaint, 6/1/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss and cross motion for summary judgment, 10/25/2016
US motion for stay, 11/16/2016
MODA op to US motion for stay, 11/22/2016
Order denying stay, 11/28/2016
US response to cross motion, reply supporting motion to dismiss, 12/9/2016
Plaintiff reply in support of cross motion, 12/23/2016
Order setting oral argument, 1/3/2017
Opinion, 2/9/2017
Joint status report re unpaid amounts, 3/1/2017
Order to clerk to enter judgment, 3/2/2017
Judgment, 3/6/2017
Appeal file # 17-1994
Moda motion to have Land of Lincoln panel handle its case, 5/11/2017
Govt op to Moda same panel motion, 5/12/2017
Moda Govt motion for stay, 5/12/2017
Moda same panel reply, 5/15/2017
Moda Moda op to govt mo for stay, 5/17/2017
Moda govt stay reply, 5/18/2017
Order assigning same panel and denying stay, 5/30/2017
US opening brief, 7/10/2017
House amicus brief, 7/17/2017
Moda appellee brief, 8/21/2017
Ass’n Community Affiliated Plans amicus, 8/28/2017
BC BS Ass’n amicus, 8/28/2017
Health Republic amicus, 8/28/2017
NAIC amicus, 8/28/2017
Oregon and other states amicus, 8/28/30/2017
US reply brief, 9/19/2017
Supp authority re 2016 calculations, 12/4/2017
Oral argument2017-1994.mp3
Moda supp authority re 2019 budget, 2/16/2018
US supp authority response, 2/20/2018
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension and consolidation, 8/6/2018
AHIP motion to file amicus, 8/10/2018
Ass’n for Community Affiliated Plans motion to file amicus, 8/13/2018
NAIC amicus motion, 8/14/2018
Oregon amicus motion, 8/14/2018
Oregon amicus, 8/20/2018
BC BS A amicus, 8/13/2018
NAIC amicus, 8/20/2018
Ass’n for Community Affiliated Plans amicus, 8/20/2018
US response, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition, 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
Cert response (in all 4 cases), 5/8/2019
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Federal Circuit order (7 5), 6/5/2020
FC Moda order for briefing 6 5 2020
Stipulation for remand, 6/26/2020
Federal Circuit remand, 6/30/2020
Amended complaint, 7/2/2020
Stipulation for entry of judgment, 7/2/2020
Order for entry of judgment, 7/3/2020
Judgment, 7/7/2020
Blue Cross and Blue Shield of NC v. U.S., No. 16-651 C (Ct. Fed. Cl., filed 6/2/2016), Risk Corridor case
Complaint, 6/2/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss, 10/31/2016
op to motion to dismiss bc bs nc
Reply supporting motion to dismiss, 11/22/2016
Sur-reply opposing motion to dismiss, 12/6/2016
Order for supplemental briefing, 2/13/2017
Plaintiff’s supplemental brief, 3/3/2017
Govt’s supplemental brief, 3/3/2017
Plaintiff’s reply supplemental brief, 3/17/2017
Govt’s reply supplemental brief, 3/17/2017
Scheduling order, 3/24/2017
Opinion, 4/18/2017
Notice of appeal, 6/9/2017
Appeal file # 17-2154
BCBSNC opening brief, 8/21/2017
Appellee brief, 11/1/2017
Reply brief, 11/29/2017
Request for oral argument, 2/9/2018
Opposition to request for oral argument, 2/12/2018
US same panel motion, 3/23/18
Same panel order, 3/28/18
FC stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
BC BS NC response, 6/27/2018
Consent motion for entry of judgment, 7/6/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/31/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition (together with Moda), 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
For cert response, see Moda
Federal Circuit order for further briefing (7 5), 6/5/2020
FC BC BS NC order for briefing 6 5 2020
Federal Circuit remand, 6/24/2020
Order for status report (7 6) and hearing (7 21), 6/24/2020
Joint status report, 7/6/2020
Scheduling order, 7/7/2020
Amended complaint, with exhibits, 7/8/2020
Stipulation for entry of judgment, 7/20/2020
Order for entry of judgment, 7/21/2020
BC BS NC order for entry of judgment
Judgment, 7/22/2020
Land of Lincoln Mutual Health Insurance Co. v. USA, No. 16-744 (Ct. Fed. Cl., filed 6/23/2016), Risk Corridor case
Complaint, 6/23/2016
Govt motion to dismiss, 9/23/2016
Pltf motion for judgment on administrative record, 9/23/2016
MODA/Health Republic mo for leave to file amicus plus proposed brief, 10/5/2016
Pltf agreement to amicus, 10/6/2016
Govt opposition to amicus, 10/6/2016
Order denying amicus, 10/7/2016
Pltf op to Govt mo to dismiss, 10/14/2016
Govt op to pltf mo for judgment on admin record, 10/14/2016
Govt mo to strike, 10/14/2016
Pltf op to govt mo to strike, 10/17/2016
Govt reply supporting motion to strike, 10/17/2016
Amended scheduling order/denial of motion to strike, 10/18/2016
Govt reply in support of motion to dismiss, 10/19/2016
Pltf reply in support of motion for judgment on administrative record, 10/19/2016
Govt op to pltf motion for judgment, 10/25/2016
Pltf reply in support of motion for judgment, 11/2/2016
Order dismissing case, 11/10/2016
Appeal # 17-1224
Order denying mo to expedite appeal, 11/23/2016
Appellant’s brief, 1/31/2017
AHIP amicus brief, 2/7/2017
Avera MODA amicus brief, corrected version, 2/9/2017
BC BS SC amicus brief, 2/7/2017
Health Republic amicus brief, 2/7/2017
Highmark amicus brief, 2/7/2017
State health co-ops amicus brief, 2/7/2017
ACHP amicus brief, corrected version, 2/13/2017
US appellee’s brief, 4/25/2017
House motion for leave to file amicus, 5/1/2017
Scheduling order, 5/2/2017
scheduling order re house amicus brief leave request
Plaintiff op to House motion for leave to file amicus, 5/8/2017
House pro-amicus reply, 5/11/2017
LOL Moda same panel motion, 5/12/2017
LOL Moda same panel Govt op, 5/12/2017
LOL Moda same panel reply, 5/16/2017
Insurers addl amicus motion, 5/18/2017
Govt addl amicus opposition, 5/18/2017
Insurers addl amicus reply, 5/18/2017
NA state health coops amicus mo, 5/19/2017
US state health coops amicus op, 5/22/2017
Land of Lincoln reply, 5/23/2017
Land of Lincoln House amicus order, 5/30/2017
Land of Lincoln House amicus brief, approved 5/30/2017
Land of Lincoln Moda same panel order, 5/30/2017
Land of Lincoln supplemental authority 2016 calculations, 12/4/2017
Land of Lincoln supplemental authority notice 2019 budget, 2/16/2018
Land of Lincoln supplemental authority response, 2/20/2018
FC LOL budget addl auth US response
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
US request for extension and consolidated response, 8/6/2018
AHIP motion to file amicus, 8/10/2018
CommonGround motion to file amicus, 8/13/2018
Bundorf motion to file amicus, 8/13/2018
Bundorf amicus, 8/14/2018
Health Republic amicus, 8/14/2018
AHIP amicus, 8/20/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Petition for certiorari, 2/4/2019
#18-1038
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
For response, see Moda
Federal Circuit order for briefing (7 5), 6/5/2020
FC Land of Lincoln order for briefing 6 5 2020
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/27/2020
Order for entry of judgment, 6/29/2020
Judgment, 6/30/2020
Maine CHO v. USA, No. 16-967 (Ct. Fed. Cl., filed 8/9/2016), Risk Corridor case
Govt motion for stay, 10/31/2016
Maine CHO motion for summary judgment, 11/3/2016
Maine CHO op to Govt motion for stay, 11/11/2016
Maine CHO motion for status conference, 11/17/2016
Order denying motion for status conference, 11/18/2016
order denying mo for status conf
Order denying mo for stay, 12/2/2016
Motion to dismiss and summary judgment op, 1/13/2017
Summary judgment reply and mo to dism op, 1/20/2017
Govt mo dism reply, 2/6/2017
Order partially denying dismissal and setting supp briefing, 3/9/2017
Govt supp brief, 3/31/2017
Maine CHO supp brief, 3/31/2017
Govt reply supp brief, 4/10/2017
Maine CHO reply supp brief, 4/10/2017
Maine CHO opinion, 7/31/2017
Notice of appeal, 8/2/2017
Appeal file # 17-2395
Opening brief, 10/6/2017
Appellees’ brief, 12/6/2017
Appellants’ reply brief, 12/22/2017
Oral argument2017-1224.mp3
Appellant’s supplemental authority, 3/16/18
US response to supplemental authority, 3/20/18
US same panel motion, 3/23/18
Same panel order, 3/28/18
Stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
Consent request for entry of judgment, 6/29/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Maine CHO petition for certiorari, 2/4/2019
# 18-1023
For response, see Moda
Maine CHO reply
20190522145344810_18-1023.cert.rb-1
Federal Circuit order for briefing (7 5), 6/5/2020
FC Maine CHO order for briefing 6 5 20
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/22/2020
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
New Mexico Health Connections v. USA, No. 16-1199 (Ct. Fed. Cl., filed 9/26/16), Risk Corridor case
Complaint, 9/26/2016
Unopposed motion to stay, 10/24/2016
Stayed until 14 days after Land of Lincoln
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order lifting stay, next status report 6 26, 5/12/2020
First amended complaint, 6/12/2020
NMHC risk corridor amended complaint
Joint status report, 6/26/2020
Stay order (7 10), 6/26/2020
Stipulation for entry of judgment, order for judgment, judgment, all 6/30/2020
BCBSM v. USA, No. 16-1253 (Ct. Fed. Cl., filed 10/3/2016), Risk Corridor case
Complaint, 10/3/2016
Joint mo for stay, 12/1/2016
Stayed
Joint status report and request, 7/24/2018
Stay order, 7/25/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Amended complaint, 5/28/2020
Order for entry of judgment, 6/25/2020
Judgment, 7/2/2020
BC Idaho HS v. USA, No. 16-1384 (Ct. Fed. Cl., filed 10/24/2016), Risk Corridor case
Unopposed motion for stay filed, 11/22 and 11/23/2016
Order denying motion to stay, 12/2/2016
Govt mo to dismiss, 3/1/2017
Unopposed mo to stay filed, 3/7/2017
Stay ordered, 3/8/2017
Stay extension request, 6/27/2018
Order continuing stay, 6/27/2018
Order for further status report, 5/12/2020
Joint status report, 5/29/2020
BC ID joint status report 5 29 20
Status report order (for 6 29), 6/3/2020
Stipulation for entry of judgment, 6/29/2020
Judgment, 7/2/2020
Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case
Stay ordered, 11/7
Joint status report continuing stay request, 6/27/2018
Continuing stay order, 6/27/2018
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
Joint status report, 5/27/2020 (to 6 26 or 6 29)
Status report order (for 7 9), 6/2/2020
Stay (to 7 24), 7/9/2020
Stipulation for entry of judgment, 7/22/2020
Minuteman Health stip for entry of judgment
Order for entry of judgment, 7/23/2020
Judgment, 7/23/2020
Montana Health Co-Op, No. 16-1427 (Ct. Fed. Cl., filed 10/28/2016), Risk Corridor case
Montana motion for summary judgment, 11/15/2016
Government motion for stay, 11/17/2016
Montana opposition to motion for stay, 11/18/2016
Order denying stay, 12/14/2016
Plaintiff’s supplemental brief, 2/23/2017
Government’s supplemental brief, 2/23/2017
Plaintiff’s second supplemental brief, 5/12/2017
Government’s second supplemental brief, 5/12/2017
Plaintiff’s third supplemental brief, 9/8/2017
Government’s third supplemental brief, 9/8/2017
Montana HCO stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed stay, 12/14/2016
Continued stay order, 9/4/2018
Status report, 9/19/2018
Stay order, 9/24/2018
Alliant order extending stay 9 24 18
Joint status report, 7/2/2019
Alliant joint status report 7 2 19
Order extending stay, 7/2/2019
Alliant order extending stay 7 2 19
Joint status report, 9/19/19
Order extending stay, 9/24/19* (report w/in 30 days)
Joint status report, 5/27/20 (to 7 10)
Order, for 7/10, 5/28/20
Alliant amended complaint, 7/9/2020
Alliant stipulation for entry of judgment, 7/9/2020
Alliant stip for entry of judgment
Order for entry of judgment, 7/13/2020
Alliant order for entry of judgment
Order for entry of judgment, 7/14/2020
Alliant order for entry of judgment 7 14 20
Judgment, 7/14/2020
BC BS South Carolina v. USA, No. 16-1501 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed motion for stay, 12/28/2016
Stayed
Voluntary dismissal due to opting in to Health Republic, 5/30/2017
Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case
Stay granted 1/30/17 and 5/4/17, pending Land of Lincoln
Joint status report, 6/25/2018
Stay order, 6/26/2018
Joint status report, 5/12/2020
Order for next status report 6 26, 5/12/2020
Joint status report, 6/26/2020
Continued stay order (7 27), 6/26/2020
Joint status report 7/27/2020
Status report order (to 8 26), 7/28/2020
Joint status report, 8/26/2020
Order continuing stay (to 9 25), 8/26/2020
Joint status report, 9/25/2020
Neighborhood HP joint status 9 25 20
Order continuing stay (to 10 26), 9/29/2020
Joint status report, 10/26/2020
Neighborhood HP joint status 10 26 20
Stay order (15 days), 11/2/2020
Neighborhood HP status order 11 2 20
Stipulation for entry of judgment, 11/9/2020
Order for entry of judgment, 11/16/2020
Judgment, 11/16/2020
Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case
Request for stay, 3/1/2017
Order denying stay, 3/2/2017
US motion for stay, 6/22/2017
Health Net op to stay, 7/10/2017
US stay reply, 7/12/2017
Additional stay authority, 7/18/2017
60 day stay order, 10/23/2017
Joint status report to continue stay, 11/28/2017
Joint status report to continue stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report 5/12/2020
Motion for leave to file amended complaint, with amended complaint, 5/27/2020
Joint status report, 5/29/2020
Health Net joint status report 5 29
Health Net status order (6 29), 6/3/2020
Health Net joint status order 6 3 20
Health Net amended complaint, 6/3/2020
Health Net joint status report (7 13), 6/29/2020
Health Net joint status report 6 29 20
Status report order (7 13), 7/1/2020
Joint status report, 7/13/2020
HealthNet joint status 7 13 20
Status report order (for 7 20), 7/17/2020
HealthNet status order 7 17 20
Joint status report, 7/20/2020
Health Net joint status report 7 20 20
Status report order (7 27), 7/21/2020
Stipulation for entry of judgment, 7/27/2020
Order for entry of judgment, 7/28/2020
Order for entry of judgment 7 28
Judgment, 7/29/2020
HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case
Joint status report, 2/16/2017
Order denying stay, 2/21/2017
Amended complaint, 3/8/2017
HPHC motion for partial summary judgment, 3/8/2017
Gov’t motion to dismiss and partial summary judgment op, 4/13/2017
HPHC partial summary judgment reply/cross motion opposition, 4/28/2017
Gov’t reply supporting mo to dismiss, 5/15/2017
Stay order, 7/11/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 7/12/2019
Continued stay order, 7/12/2019* (report w/in 30 days)
Joint status report, 5/27/2020
Status report order (for 7 7), 6/2/2020
Stipulation for entry of judgment, 6/26/2020
Consolidation order, 7/6/2020
Order for judgment, 7/7/2020
Judgment, 7/7/2020
Medica Health Plans v. USA, No. 17-94 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Joint motion for stay, 3/10/17
Stayed
Joint status report and request for continued stay, 8/16/18
Continued stay order, 8/16/18* (report w/in 30 days)
Order for status report by 6/23, 5/18/2020
Amended complaint, 5/28/2020
medica risk corridor amended complaint
Stipulation for entry of judgment, 6/19/2020
medica stip entry judgment 6 19 20
Order for entry of judgment, 6/19/2020
Medica order directing judgment
Judgment, 6/19/2020
Blue Cross Blue Shield of Kansas City v. USA, No. 17-95 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Gov’t motion to dismiss, 5/23/2017
Consent stay order, 6/14/2017
Joint status report and request for continued stay, 6/27/2018
joint status report and request
Joint status report, 5/12/2020
Order for joint status report in 45 days, 5/13/2020
Stipulation for entry of final judgment, 6/29/2020
Stip for entry of final judgment
Order for judgment, and judgment, 6/30/2020
Molina Healthcare of California v. USA, No. 17-97 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Plaintiffs’ motion for partial summary judgment, 3/14/2017
Order denying stay, 3/24/2017
US opposition/cross-motion, 4/28/2017
Molina reply/opposition, 5/30/2017
Oral argument issues order, 6/20/2017
Opinion, 8/4/2017
Joint status report with amount and stay, 8/25/2017
Stay order, 8/28/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order for joint computation of damages w/in 30 days, 5/13/2020
Joint status report, 6/12/2020
Stipulation for judgment, 6/17/2020
Judgment, 6/19/2020
Blue Cross and Blue Shield of Alabama v. USA, No. 17-347 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17, 5/11/17
Stay order, 5/11/17
Joint status report and request for continued stay, 6/22/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 7/2/2018
Order lifting stay, 5/11/2020
First amended complaint, 5/13/2020
Joint status report, 5/29/2020
Status report order (6 29), 6/3/2020
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
Order for entry of judgment, 7/1/2020
order for entry of judgment 7 1
Judgment, 7/2/2020
Bluecross Blueshield of Tennessee v. USA, No. 17-348 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17 filed and granted, 5/11/17
Joint status report and request for continued stay, 6/22/2017
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Order vitiating stay, 5/5/2020
First amended complaint, 5/18/2020
BC BS TN first amended complaint
Joint status report, 5/29/2020
Order (for 6 29), 5/29/2020
Stipulation for entry of judgment, 6/26/2020
Order for entry of judgment, 6/26/2020
Judgment, 6/26/2020
Sanford Health Plan v. USA, No. 17-357 (Ct. Fed. Cl., filed 3/15/2017), Risk Corridor case
Plaintiff’s motion for partial summary judgment, 3/22/2017
Govt motion for stay, 4/20/2017
Plaintiff’s opposition to stay, 4/24/2017
Govt stay reply, 4/27/2017
Stay order, 5/1/2017
Joint status report and request for continued stay, 6/27/2018
Order continuing stay, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Sanford RC stip entry judgment
Order for entry of judgment, 7/28/2020
Judgment, 7/29/2020
Farmer v. USA, No. 17-363 (Ct. Fed. Cl., filed 3/17/2017), Risk Corridor case
US motion to stay, 5/4/2017
Response to motion to stay, 5/22/2017
Reply supporting stay, 6/2/2017
Stay order, 6/7/2017
stayed
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/28/2018* (report w/in 30 days)
Joint status report, 5/27/2020 (to 7 13)
Status report order (to 7 13)
Joint status report, 7/16/2020
Joint status report order (8 31), 7/17/2020
Farmer status report order 7 17 20
Stipulation for entry of judgment, 8/12/2020
Order of dismissal, and judgment, 8/14/2020
order of dismissal, and judgment
Health Alliance Medical Plans v. USA, No. 17-653 (Ct. Fed. Cl., filed 5/18/2017), Risk Corridor case
Motion for stay, 6/22/2017
Op to motion for stay, 7/10/2017
Reply supporting stay, 7/12/2017
Stay, 7/17/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Non-acceptance of stipulation (7 7), 6/30/2020
Stipulation for entry of judgment, 6/30/2020
Order for judgment, 7/2/2020
Judgment, 7/2/2020
EmblemHealth v. USA, No. 17-703 (Ct. Fed. Cl., filed 5/26/2017), Risk Corridor case
Unopposed motion for stay, 7/25/2017
Joint status report, 7/13/2018
Order for continued stay, 7/16/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Scheduling order, 5/28/2020 (to 6 26)
Joint status report (to 7 10), 6/26/2020
Emblemhealth joint status 6 26
Scheduling order, 6/29/2020
Stipulation for entry of judgment, 7/10/2020
EmblemHealth stip entry judgment
Order for entry of judgment, 7/10/2020
EmblemHealth order for entry of judgment
Judgment, 7/10/2020
CommonGround Healthcare Cooperative v. USA, No. 17-877 (Ct. Fed. Cl. filed 6/27/2017), Risk Corridor case
for CSR part of case, see CSR page
Stay order, 8/11/2017
Amended complaint (class action), 11/22/2017
Motion to certify class, 12/14/2017
Motion to appoint class counsel, 12/14/2017
US response to motions, 12/22/2017
Order extending time re CSR response, 12/22/2017
Partial certification order, 1/8/2018
Motion for approval of risk corridor class notice, 1/26/2018
Order denying risk corridor class notice, requiring motion to be resubmitted, 1/29/2018
Revised class notice motion, 2/1/2018
Order approving risk corridor class notice, 2/1/2018
Notice of risk corridor class, and class list, 5/15/2018
Joint status report, 6/28/2018
Continued stay order (but see above re CSR), 6/29/2018
Motion to include additional class members in 2016 risk corridors class, May 11, 2020
Joint status report, with attachments, May 12, 2020
Post-Maine CHO order, next status report, June 29, May 14, 2020
US nonopposition to including additional class members, May 26, 2020
Order including additional class members, May 27, 2020
order including addl class mbrs
Motion for additional class members, June 23, 2020
Common Ground 2016 mo addl class 6 23 20
Order for additional class members, June 24, 2020
Common Ground 2016 addl class member order
Joint status report, June 29, 2020
Common Ground joint status 6 29 20
Scheduling order (7 10), June 30, 2020
Common Ground scheduling order for 7 10
Joint status report, July 10, 2020
Common Ground joint status 7 10 20
Scheduling order, July 13, 2020
Common Ground scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Common Ground joint mo divide enter judgment non-dispute
Joint status report, 7/17/2020
Common Ground joint status 7 17 20
Order dividing classes and for partial entry of judgment, 7/23/2020
Common Ground order for division and entry
54(b) judgment, 7/23/2020
Motion for attorney’s fees, with exhibits, 7/30/2020
Joint motion to stay proceedings for dispute subclass, 8/13/2020
joint mo to stay dispute subclass
Order staying proceedings for dispute subclass, 8/14/2020
Order staying dispute subclass
Unopposed motion to amend judgment, 8/18/2020
Common Ground CSR unop mo to amend j
Order to amend judgment, 8/19/2020
Common Ground order amending judgment
Amended 54 b judgment, 8/20/2020
Common Ground amended 54 b judgment
Opposition to fees request, 8/20/2020
Reply supporting fees application, 9/3/2020
Dispute subclass joint status report (for 10 9), 9/11/2020
CG dispute subclass joint status 9 11 20
Status report order, 9/14/2020
Dispute subclass joint status report (for 28 more days), 10/9/2020
Common Ground joint status 10 9 20
Status report order, 10/13/2020
Common Ground rc status report order 10 13 20
Motion for disbursement of 95% of funds, 10/15/2020
Common Ground mo disbursement funds
Order for disbursement. October 16, 2020
Common Ground disbursement order
Joint status report, November 6, 2020
Common Ground joint status 11 6 20
Joint status report on dispute subclass, December 4, 2020
Common Ground dispute subclass joint status 12 4
Status report order re dispute subclass, December 7, 2020
Common Ground status report order 12 7 20
Joint status report on dispute subclass, January 4, 2021
Dispute subclass status 1 4 21
Status report order (for 2/22), January 8, 2021
Joint status report, February 22, 2021
Status report order, February 26, 2021
CG status order dispute subclass
Stipulation for entry of partial judgment, April 13, 2021
CG stip partial judgment 4 13 21
CG dispute subclass order, June 1, 2021
CG dispute subclass 54(b) judgment, June 2, 2021
CG dispute subclass 54 b judgment 6 2 21
CG motion for Freelancers’ attorney’s fees, June 24, 2021
CG Freelancers atty fee mo 6 24
CG Freelancers disbursement request, August 6, 2021
CG Freelancers rc 2016 distrib rq
Disbursement order, August 12, 2021
Fees opinion (Health Republic/Common Ground), September 16, 2021
Fees opinion (Freelancers), September 16, 2021
54(b) judgment, September 17, 2021
54(b) judgment re Freelancers, September 17, 2021
Objectors’ notice of appeal, October 1, 2021
| 01/23/2023 | Minute Entry – Was the proceeding sealed to the public? n. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 1/23/2023 before Judge Kathryn C. Davis: Status Conference (Telephone). [Total number of days of proceeding: 1] Approximate duration of proceeding: 30 minutes. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(apkt) (Entered: 01/23/2023) | |
| 01/23/2023 | STATUS REPORT ORDER. Joint Status Report due by 3/10/2023. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 01/23/2023) |
Motion for status conference, March 13, 2023
Order for status conference, March 20, 2023
HR CG order for status c 3 20 23
Post status conference order, March 22, 2023
HR post status conf order 3 22
Joint status report, April 4, 2023
HR CG joint status report 4 4 23
Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)
Supreme Court proceedings in Moda, BC BS NC, Land of Lincoln, and Maine CHO
Risk corridors cases that went to the Supreme Court or were stayed pending Supreme Court rulings
Grey type indicates files that I have not uploaded onto the WordPress server.
Risk adjustment cases in federal court: Minuteman Health, New Mexico HC, UnitedHealthcare v. Vullo (now Lacewell), and Vista Health
Other cases, including the Fourth Circuit reinsurance tax refund case
The Supreme Court Risk Corridor Opinion
Maine Community Health Options v. United States, No. 18-1023 (U.S., April 27, 2020)
Lists of risk corridor (1342) cases in the Court of Federal Claims
A list of pending risk corridor cases, May 13, 2020
A list of pending risk corridor cases 5 13 20
A rolling list of pending risk corridor cases
a-list-of-pending-risk-corridor-cases-12-23-20
Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038); oral argument transcript, December 10, 2019
Maine CHO
Opening brief, August 30, 2019
AHIP amicus, September 6, 2019
20190906145517152_Nos 18-1023 18-1028 18-1038tsacAHIPpdfa
Wisconsin Physicians Service amicus, September 6, 2019
20190906111328383_WPS Amici Curiae Brief
NAIC amicus, September 6, 2019
20190906134843972_18-1023_18-1028_18-1038tsacNationalAssociationOfInsuranceCommissioners
Association for Community Affiliated Plans amicus, September 6, 2019
Highmark amicus, September 6, 2019
20190906153222882_Nos. 18-1023 18-1028 18-1038 Amicus Brief
Economists amicus, September 6, 2019
20190906160707274_18-1023 Amicus Brief
Blue Cross Blue Shield Ass’n amicus, September 6, 2019
20190906162616641_Amicus_Blue_Cross
U.S. Chamber of Commerce amicus, September 6, 2019
20190906172511564_2019.09.06 Chamber of Commerce Amicus in Moda Health – No. 18-1028
Oregon amicus, September 6, 2019
20190906180804163_Nos. 18-1023 18-1028 18-1038tsac24StatesAndTheDistrictOfColumbia
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED. |
US respondents’ brief, October 21, 2019
20191021193327456_18-1023bsUnitedStates
Americans for Prosperity amicus, October 25, 2019
20191025131606691_AFP Main Brief
Petitioners’ motion re division of argument time, October 25, 2019
20191025203834496_Filed Motion to Enlarge and Divide Argument
18-1023 ) MAINE COMMUNITY HEALTH OPTIONS V. UNITED STATES ) 18-1028 ) MODA HEALTH PLAN, INC. V. UNITED STATES ) 18-1038 ) LAND OF LINCOLN MUTUAL HEALTH V. UNITED STATES The motion of petitioners for enlargement of time for oral argument and for divided argument is denied.
Petitioners’ reply brief, November 19, 2019
Moda/BC BS NC
Opening brief, August 30, 2019
20190830143120987_18-1028 Brief for Petitioners
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Moda/BCBSNC reply brief, November 19, 2019
20191120125558779_2019-11-20 Moda Merits Reply FINAL
Land of Lincoln
Opening brief, August 30, 2019
20190830124053503_18-1023 ts Land of Lincoln
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Land of Lincoln reply brief, November 19, 2019
Oral argument, December 10, 2019
The cert paperwork: Moda, BC BS NC, Land of Lincoln, and Maine CHO
The cert petitions and cert briefing (note: for a full set of cert-stage amici filings, see Moda, No. 18-1028
Maine CHO cert petition, #18-1023, 2/4/2019
US second request for extension of time to respond, 3/29/2019
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 6/24/2019
Scheduling letter from petitioners, July 12, 2019
20190712143800533_2019-07-12 Moda letter re merits extension FINAL
Moda and BC BS NC cert petition, # 18-1028, 2/4/2019
20190204103044808_2019-02-04 Moda Petn FINAL
AHIP amicus, 3/8/2019
20190308130317204_18-1028 – AHIP Amicus Brief
Highmark amicus, 3/8/2019
20190308124410317_Risk Corridors SCT Amicus Br FINAL 3.8.19
18 States plus DC amicus, 3/8/2019
20190308140126641_Moda Health Final
Ass’n for Community Affiliated Plans amicus, 3/8/2019
20190308142252862_18-1028 Amicus Brief ACAP
NAIC amicus, 3/8/2019
20190308163438724_NAIC – Moda Cert Petition Amicus Brief 4850-5934-5545 v.5
Economists amicus, 3/8/2019
20190308173401539_18-1023 18-1028 and 18-1038 tsac Economists
Chamber of Commerce of US amicus, 3/8/2019
20190308174202859_2019.03.08 Chamber of Commerce of the United States Amicus ISO Petitioners
Blue Cross Blue Shield Ass’n amicus, 3/8/2019
20190308182354583_1 – Risk_Corridors_Amicus_ISO_Certiorari
US second request for extension of time to respond, 3/29/2019
20190329182803739_Extension letter 18-1028 2nd
Cert response
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 7/24/2019
| Jul 17 2019 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ briefs on the merits is extended to and including August 30, 2019. The time to file respondent’s brief on the merits is extended to and including October 21, 2019. VIDED. |
Land of Lincoln cert petition, # 18-1038, 2/4/2019
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
US second request for extension of time to respond, 3/29/2019
20190329182844939_Extension letter 18-1038 2nd
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190524093027350_Land of Lincoln Cert Reply 5-23-19
Cert granted, 6/24/2019
Risk corridor (1342) cases in the Court of Federal Claims
Cases, by ascending Court of Federal Claims file number:
Health Republic Insurance Co. v. U.S., No. 16-259 C (Ct. Fed. Cl., filed 2/24/2016), Risk Corridor class action
Class action complaint, 2/24/2016
Motion to dismiss, 6/24/2016
Opposition to motion to dismiss, 8/15/2016
Reply supporting motion to dismiss, 9/9/2016
Motion for class certification, 10/5/2016
Motion to appoint interim class counsel, 10/5/2016
motion to appoint interim class counsel
House motion for leave to file amicus, 10/13/2016
House proposed amicus brief, 10/13/2016
House amicus brief exhibit 1, 10/13/2016
Health Republic’s op to House as amicus, 10/17/2016
Stipulation re interim class counsel, 10/24/2016
Order re interim class counsel, 10/25/2016
Order denying House’s request, 11/7/2016
Oral argument scheduling request order, 11/10/2016
Oral argument scheduling order, 11/14/2016
Oral argument cancellation order, 12/6/2016
Gov’t’s class cert response, 12/23/2016
Gov’t’s unopposed mo for class cert order plus proposed order, 12/23/2016
Class certification order, 1/3/2017
Order largely denying motion to dismiss, 1/10/2017
Motion for approval of opt in notice, 1/23/2017
Answer, 1/27/2017
Order approving class notice, 3/1/2017
Plaintiff’s motion for summary judgment, 3/3/2017
Govt’s summary judgment opposition and cross-motion, 4/12/2017
Plaintiff’s SJ reply, 5/15/2017
Govt’s SJ reply, 6/2/2017
Health Republic class opt in cover, 6/12/2017
Class opt in list no objection, 6/12/2017
Class opt in list objections, 6/12/2017
Status report order, 6/16/2017
Stay order, 7/11/2017
Status report with class list, 8/10/2017
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/29/2018
Order re additional class members, 3/12/2020
Order including addl class members
Joint status report, 5/12/2020
Scheduling and additional stay order (to 6/29), 5/14/2020
45 day stay and scheduling order
Motion to include additional class member, 6/23/2020
Health Republic addl class member 6 23 20
Order adding class member, 6/24/2020
Joint status report (7 13), 6/29/2020
Health Republic joint status 6 29 20
Scheduling order (7 10), 6/30/2020
Joint status report (7 17), 7/10/2020
Health Republic joint status 7 10 20
Scheduling order, 7/13/2020
Health Republic scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Health Republic joint mo divide and stip
Joint status report, 7/17/2020
Health Republic joint status 7 17 20
Order dividing classes and for entry of judgment, 7/23/2020
Health Republic division and entry order
54(b) judgment, 7/23/2020
Health Republic motion for attorney’s fees, with exhibits, 7/30/2020
US motion to amend answer, 8/3/2020
Health Republic US mo to amend answer
Class’s opposition to motion to amend answer, 8/13/2020
US reply supporting amending answer, 8/20/2020
Kaiser opposition to attorney’s fees request, 8/20/2020
Joint status report re Arches subclass, 8/21/2020
Joint status report re Arches subclass 8 21 20
Joint status order re Arches subclass, 8/24/2020
Health Republic Arches subclass order
Reply supporting attorney’s fees request, 9/3/2020
Joint status report re Arches subclass, 9/18/2020
Health Republic joint status 9 18 20
Arches subclass status order, 9/21/2020
Order allowing amended answer re setoffs, 9/30/2020
Order allowing amended answer for setoffs
Motion to disburse 95% to class, 10/15/2020
Health Republic mo disbursement funds
Disbursement order, 10/16/2020
Health Republic disbursement order
Arches subclass joint status report, 10/16/2020
Health Republic Arches joint status 10 16 20
Status report order, 10/19/2020
Health Republic status report order 10 19 20
Amended US answer asserting counterclaim (dispute subclass), 10/30/2020
Health Republic amended answer asserting counterclaim
Class motion to dismiss counterclaims, 11/20/2020
Health Republic dispute subclass mo dism counterclaim
Joint status report, 12/15/2020
Health Republic dispute joint status report 12 15 20
Status report order, 12/16/2020
Health Republic status order 12 16 20
US opposition to motion to dismiss counterclaims, 1/22/2021
Joint status report, 2/1/2021
Health Republic joint status report 2 1 21
Status report order, 2/2/2021
Health Republic status order 2 2 21
Reply to US opposition to dismissing counterclaims, 2/26/2021
HR dispute dismiss xclaims reply
Arches subclass joint status report, 3/19/2021
HR arches subclass status report 3 19 21
Arches subclass status report order, 3/19/2021
HR arches subclass order 3 19 21
Joint motion to separate out and resolve Freelancers claims, 4/13/2021
HR Freelancers motion to divide 4 13 21
Arches subclass joint status report, 5/3/2021
Health Republic joint status 5 3 21
Arches subclass status report order, 5/4/2021
Health Republic joint status order 5 4 21
Freelancers order, 6/1/2021
Freelancers 54(b) judgment, 6/3/2021
HR Freelancers 54 b judgment 6 3 21
Notice of supplemental authority (Conway), 6/7/2021
US response re Conway, 6/8/2021
Order re status reports, 6/11/2021
Stipulation to enter judgment for Arches subclass, 6/17/2021
HR Arches subclass stip for j 6 17 21
Order for judgment for Arches subclass, 6/24/2021
HR Arches subclass order for j 6 24
Motion for attorney’s fees for Freelancers subclass, 6/24/2021
HR Freelancers atty fee mo 6 24
Arches subclass 54(b) judgment, 6/28/2021
HR Arches subclass 54 b judgment 6 28
Request for disbursements to Freelancers and Arches, 8/6/2021
HR Freelancers Arches disbursements request
Order for disbursement, 8/12/2021
US response to Conway, 9/10/2021
Attorney’s fees opinion and orders, 9/16/2021
54(b) judgments, 9/17/2021
Objectors’ notice of appeal, 10/1/2021
Federal Circuit # 22-1018
Order setting oral argument for 1/28/22, 12/16/2021
Unopposed US motion to continue oral argument, 1/21/2022
Continuance order, 1/24/2022
Opening brief, 1/28/2022
Joint status report, 2/28/2022
Scheduling order for 4/27, 3/9/2022
Stipulation for entry of partial final judgment, 3/29/2022
Appellees’ brief, 3/31/2022
Order, 4/7/22
Joint status report, 4/14/22
Parties’ joint motion to divide subclass, 4/14/22
HR joint mo divide subclass 4 14 22
Plaintiffs’ supplemental brief on offsets, 5/18/2022
HR appellants’ reply brief, 5/26/2022
54(b) judgment for fees, 5/31/2022
US supplemental brief, 6/8/2022
HR response to US supplemental brief, 6/22/2022
HR response to Colorado Health motion to strike, 6/29/2022
Opinion re offsets, 8/19/2022
Motion for extension of time to answer counterclaim, 8/30/2022
| 08/31/2022 | ORDER granting 171 Motion for Extension of Time to Answer. Answer due by 10/3/2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made. (Entered: 08/31/2022) |
Motion for extension of time to respond to counterclaim, September 30, 2022
| 09/30/2022 | ORDER granting 172 Motion for an Enlargement of Time to Respond to Defendants Counterclaim. Answer due two weeks following the Court’s decision on Plaintiff’s forthcoming Motion for Clarification. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 09/30/2022) |
Plaintiffs’ motion for clarification, October 7, 2022
Unopposed US motion for extension, October 20, 2022
HR US unop mo xt respond clarif 10 20 22
| 10/20/2022 | ORDER granting 174 Unopposed MOTION for Extension of Time to File Response as to 173 MOTION for Clarification . Response to Motion for Clarification due by 11/4/2022. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 10/20/2022) |
US clarification opposition, November 4, 2022
Plaintiffs’ clarification reply, November 14, 2022
| 12/05/2022 | 50 | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: Mohammad Keshavarzi for Appellants Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan of Georgia, et al. and Derek L. Shaffer for Health Republic Insurance Company and Common Ground Healthcare Cooperative. Oral Argument Audio available here. [888381] [MJL] [Entered: 12/05/2022 04:09 PM] |
Clarification order, December 7, 2022
Health Republic fees opinion, January 31, 2023
22-1018.OPINION.1-31-2023_2072615
Health Republic motion for status conference, March 13, 2023
Order for status conference, March 20, 2023
HR CG order for status c 3 20 23
Colorado Health Insurance Cooperative answer to US counterclaim, March 20, 2023
HR Colo HIC answer to US counterclaim 3 20 23
Post status conference order, March 22, 2023
HR post status conf order 3 22
Joint status report, April 4, 2023
HR CG joint status report 4 4 23
=====
First Priority/Highmark v. U.S., No. 16-587 C (Ct. Fed. Cl., filed 5/17/2016), Risk Corridor case
Complaint, 5/17/2016
Motion to dismiss, 9/16/2016
Penn. motion for leave to file amicus, 10/14/2016
Penn. proposed amicus brief, 10/14/2016
Response to motion to dismiss, 10/14/2016
Gov’t response to amicus request, 10/31/2016
Plaintiff’s sur-reply, 11/10/2016
US response to Penn. amicus brief, 11/17/2016
Plaintiff’s reply to response to Penn. amicus brief, 11/23/2016
Additional authority notices and responses
Pltf resp to def addl auth (Land of Lincoln)
Order requesting supplemental briefing, 3/24/2017
Plaintiffs’ supplemental brief, 4/7/2017
US supplemental brief, 4/7/2017
Plaintiffs’ second supplemental brief, 5/12/2017
US second supplemental brief, 5/12/2017
Plaintiffs’ third supplemental brief, 9/8/2017
US third supplemental brief, 9/8/2017
Stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/11/2018
Joint status report, 5/12/2020
MODA v. U.S., No. 16-649 C (Ct. Fed. Cl., filed 6/1/2016)
Complaint, 6/1/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss and cross motion for summary judgment, 10/25/2016
US motion for stay, 11/16/2016
MODA op to US motion for stay, 11/22/2016
Order denying stay, 11/28/2016
US response to cross motion, reply supporting motion to dismiss, 12/9/2016
Plaintiff reply in support of cross motion, 12/23/2016
Order setting oral argument, 1/3/2017
Opinion, 2/9/2017
Joint status report re unpaid amounts, 3/1/2017
Order to clerk to enter judgment, 3/2/2017
Judgment, 3/6/2017
Appeal file # 17-1994
Moda motion to have Land of Lincoln panel handle its case, 5/11/2017
Govt op to Moda same panel motion, 5/12/2017
Moda Govt motion for stay, 5/12/2017
Moda same panel reply, 5/15/2017
Moda Moda op to govt mo for stay, 5/17/2017
Moda govt stay reply, 5/18/2017
Order assigning same panel and denying stay, 5/30/2017
US opening brief, 7/10/2017
House amicus brief, 7/17/2017
Moda appellee brief, 8/21/2017
Ass’n Community Affiliated Plans amicus, 8/28/2017
BC BS Ass’n amicus, 8/28/2017
Health Republic amicus, 8/28/2017
NAIC amicus, 8/28/2017
Oregon and other states amicus, 8/28/30/2017
US reply brief, 9/19/2017
Supp authority re 2016 calculations, 12/4/2017
Oral argument2017-1994.mp3
Moda supp authority re 2019 budget, 2/16/2018
US supp authority response, 2/20/2018
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension and consolidation, 8/6/2018
AHIP motion to file amicus, 8/10/2018
Ass’n for Community Affiliated Plans motion to file amicus, 8/13/2018
NAIC amicus motion, 8/14/2018
Oregon amicus motion, 8/14/2018
Oregon amicus, 8/20/2018
BC BS A amicus, 8/13/2018
NAIC amicus, 8/20/2018
Ass’n for Community Affiliated Plans amicus, 8/20/2018
US response, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition, 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
Cert response (in all 4 cases), 5/8/2019
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Federal Circuit order (7 5), 6/5/2020
FC Moda order for briefing 6 5 2020
Stipulation for remand, 6/26/2020
Federal Circuit remand, 6/30/2020
Amended complaint, 7/2/2020
Stipulation for entry of judgment, 7/2/2020
Order for entry of judgment, 7/3/2020
Judgment, 7/7/2020
Blue Cross and Blue Shield of NC v. U.S., No. 16-651 C (Ct. Fed. Cl., filed 6/2/2016), Risk Corridor case
Complaint, 6/2/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss, 10/31/2016
op to motion to dismiss bc bs nc
Reply supporting motion to dismiss, 11/22/2016
Sur-reply opposing motion to dismiss, 12/6/2016
Order for supplemental briefing, 2/13/2017
Plaintiff’s supplemental brief, 3/3/2017
Govt’s supplemental brief, 3/3/2017
Plaintiff’s reply supplemental brief, 3/17/2017
Govt’s reply supplemental brief, 3/17/2017
Scheduling order, 3/24/2017
Opinion, 4/18/2017
Notice of appeal, 6/9/2017
Appeal file # 17-2154
BCBSNC opening brief, 8/21/2017
Appellee brief, 11/1/2017
Reply brief, 11/29/2017
Request for oral argument, 2/9/2018
Opposition to request for oral argument, 2/12/2018
US same panel motion, 3/23/18
Same panel order, 3/28/18
FC stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
BC BS NC response, 6/27/2018
Consent motion for entry of judgment, 7/6/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/31/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition (together with Moda), 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
For cert response, see Moda
Federal Circuit order for further briefing (7 5), 6/5/2020
FC BC BS NC order for briefing 6 5 2020
Federal Circuit remand, 6/24/2020
Order for status report (7 6) and hearing (7 21), 6/24/2020
Joint status report, 7/6/2020
Scheduling order, 7/7/2020
Amended complaint, with exhibits, 7/8/2020
Stipulation for entry of judgment, 7/20/2020
Order for entry of judgment, 7/21/2020
BC BS NC order for entry of judgment
Judgment, 7/22/2020
Land of Lincoln Mutual Health Insurance Co. v. USA, No. 16-744 (Ct. Fed. Cl., filed 6/23/2016), Risk Corridor case
Complaint, 6/23/2016
Govt motion to dismiss, 9/23/2016
Pltf motion for judgment on administrative record, 9/23/2016
MODA/Health Republic mo for leave to file amicus plus proposed brief, 10/5/2016
Pltf agreement to amicus, 10/6/2016
Govt opposition to amicus, 10/6/2016
Order denying amicus, 10/7/2016
Pltf op to Govt mo to dismiss, 10/14/2016
Govt op to pltf mo for judgment on admin record, 10/14/2016
Govt mo to strike, 10/14/2016
Pltf op to govt mo to strike, 10/17/2016
Govt reply supporting motion to strike, 10/17/2016
Amended scheduling order/denial of motion to strike, 10/18/2016
Govt reply in support of motion to dismiss, 10/19/2016
Pltf reply in support of motion for judgment on administrative record, 10/19/2016
Govt op to pltf motion for judgment, 10/25/2016
Pltf reply in support of motion for judgment, 11/2/2016
Order dismissing case, 11/10/2016
Appeal # 17-1224
Order denying mo to expedite appeal, 11/23/2016
Appellant’s brief, 1/31/2017
AHIP amicus brief, 2/7/2017
Avera MODA amicus brief, corrected version, 2/9/2017
BC BS SC amicus brief, 2/7/2017
Health Republic amicus brief, 2/7/2017
Highmark amicus brief, 2/7/2017
State health co-ops amicus brief, 2/7/2017
ACHP amicus brief, corrected version, 2/13/2017
US appellee’s brief, 4/25/2017
House motion for leave to file amicus, 5/1/2017
Scheduling order, 5/2/2017
scheduling order re house amicus brief leave request
Plaintiff op to House motion for leave to file amicus, 5/8/2017
House pro-amicus reply, 5/11/2017
LOL Moda same panel motion, 5/12/2017
LOL Moda same panel Govt op, 5/12/2017
LOL Moda same panel reply, 5/16/2017
Insurers addl amicus motion, 5/18/2017
Govt addl amicus opposition, 5/18/2017
Insurers addl amicus reply, 5/18/2017
NA state health coops amicus mo, 5/19/2017
US state health coops amicus op, 5/22/2017
Land of Lincoln reply, 5/23/2017
Land of Lincoln House amicus order, 5/30/2017
Land of Lincoln House amicus brief, approved 5/30/2017
Land of Lincoln Moda same panel order, 5/30/2017
Land of Lincoln supplemental authority 2016 calculations, 12/4/2017
Land of Lincoln supplemental authority notice 2019 budget, 2/16/2018
Land of Lincoln supplemental authority response, 2/20/2018
FC LOL budget addl auth US response
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
US request for extension and consolidated response, 8/6/2018
AHIP motion to file amicus, 8/10/2018
CommonGround motion to file amicus, 8/13/2018
Bundorf motion to file amicus, 8/13/2018
Bundorf amicus, 8/14/2018
Health Republic amicus, 8/14/2018
AHIP amicus, 8/20/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Petition for certiorari, 2/4/2019
#18-1038
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
For response, see Moda
Federal Circuit order for briefing (7 5), 6/5/2020
FC Land of Lincoln order for briefing 6 5 2020
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/27/2020
Order for entry of judgment, 6/29/2020
Judgment, 6/30/2020
Maine CHO v. USA, No. 16-967 (Ct. Fed. Cl., filed 8/9/2016), Risk Corridor case
Govt motion for stay, 10/31/2016
Maine CHO motion for summary judgment, 11/3/2016
Maine CHO op to Govt motion for stay, 11/11/2016
Maine CHO motion for status conference, 11/17/2016
Order denying motion for status conference, 11/18/2016
order denying mo for status conf
Order denying mo for stay, 12/2/2016
Motion to dismiss and summary judgment op, 1/13/2017
Summary judgment reply and mo to dism op, 1/20/2017
Govt mo dism reply, 2/6/2017
Order partially denying dismissal and setting supp briefing, 3/9/2017
Govt supp brief, 3/31/2017
Maine CHO supp brief, 3/31/2017
Govt reply supp brief, 4/10/2017
Maine CHO reply supp brief, 4/10/2017
Maine CHO opinion, 7/31/2017
Notice of appeal, 8/2/2017
Appeal file # 17-2395
Opening brief, 10/6/2017
Appellees’ brief, 12/6/2017
Appellants’ reply brief, 12/22/2017
Oral argument2017-1224.mp3
Appellant’s supplemental authority, 3/16/18
US response to supplemental authority, 3/20/18
US same panel motion, 3/23/18
Same panel order, 3/28/18
Stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
Consent request for entry of judgment, 6/29/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Maine CHO petition for certiorari, 2/4/2019
# 18-1023
For response, see Moda
Maine CHO reply
20190522145344810_18-1023.cert.rb-1
Federal Circuit order for briefing (7 5), 6/5/2020
FC Maine CHO order for briefing 6 5 20
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/22/2020
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
New Mexico Health Connections v. USA, No. 16-1199 (Ct. Fed. Cl., filed 9/26/16), Risk Corridor case
Complaint, 9/26/2016
Unopposed motion to stay, 10/24/2016
Stayed until 14 days after Land of Lincoln
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order lifting stay, next status report 6 26, 5/12/2020
First amended complaint, 6/12/2020
NMHC risk corridor amended complaint
Joint status report, 6/26/2020
Stay order (7 10), 6/26/2020
Stipulation for entry of judgment, order for judgment, judgment, all 6/30/2020
BCBSM v. USA, No. 16-1253 (Ct. Fed. Cl., filed 10/3/2016), Risk Corridor case
Complaint, 10/3/2016
Joint mo for stay, 12/1/2016
Stayed
Joint status report and request, 7/24/2018
Stay order, 7/25/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Amended complaint, 5/28/2020
Order for entry of judgment, 6/25/2020
Judgment, 7/2/2020
BC Idaho HS v. USA, No. 16-1384 (Ct. Fed. Cl., filed 10/24/2016), Risk Corridor case
Unopposed motion for stay filed, 11/22 and 11/23/2016
Order denying motion to stay, 12/2/2016
Govt mo to dismiss, 3/1/2017
Unopposed mo to stay filed, 3/7/2017
Stay ordered, 3/8/2017
Stay extension request, 6/27/2018
Order continuing stay, 6/27/2018
Order for further status report, 5/12/2020
Joint status report, 5/29/2020
BC ID joint status report 5 29 20
Status report order (for 6 29), 6/3/2020
Stipulation for entry of judgment, 6/29/2020
Judgment, 7/2/2020
Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case
Stay ordered, 11/7
Joint status report continuing stay request, 6/27/2018
Continuing stay order, 6/27/2018
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
Joint status report, 5/27/2020 (to 6 26 or 6 29)
Status report order (for 7 9), 6/2/2020
Stay (to 7 24), 7/9/2020
Stipulation for entry of judgment, 7/22/2020
Minuteman Health stip for entry of judgment
Order for entry of judgment, 7/23/2020
Judgment, 7/23/2020
Montana Health Co-Op, No. 16-1427 (Ct. Fed. Cl., filed 10/28/2016), Risk Corridor case
Montana motion for summary judgment, 11/15/2016
Government motion for stay, 11/17/2016
Montana opposition to motion for stay, 11/18/2016
Order denying stay, 12/14/2016
Plaintiff’s supplemental brief, 2/23/2017
Government’s supplemental brief, 2/23/2017
Plaintiff’s second supplemental brief, 5/12/2017
Government’s second supplemental brief, 5/12/2017
Plaintiff’s third supplemental brief, 9/8/2017
Government’s third supplemental brief, 9/8/2017
Montana HCO stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed stay, 12/14/2016
Continued stay order, 9/4/2018
Status report, 9/19/2018
Stay order, 9/24/2018
Alliant order extending stay 9 24 18
Joint status report, 7/2/2019
Alliant joint status report 7 2 19
Order extending stay, 7/2/2019
Alliant order extending stay 7 2 19
Joint status report, 9/19/19
Order extending stay, 9/24/19* (report w/in 30 days)
Joint status report, 5/27/20 (to 7 10)
Order, for 7/10, 5/28/20
Alliant amended complaint, 7/9/2020
Alliant stipulation for entry of judgment, 7/9/2020
Alliant stip for entry of judgment
Order for entry of judgment, 7/13/2020
Alliant order for entry of judgment
Order for entry of judgment, 7/14/2020
Alliant order for entry of judgment 7 14 20
Judgment, 7/14/2020
BC BS South Carolina v. USA, No. 16-1501 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed motion for stay, 12/28/2016
Stayed
Voluntary dismissal due to opting in to Health Republic, 5/30/2017
Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case
Stay granted 1/30/17 and 5/4/17, pending Land of Lincoln
Joint status report, 6/25/2018
Stay order, 6/26/2018
Joint status report, 5/12/2020
Order for next status report 6 26, 5/12/2020
Joint status report, 6/26/2020
Continued stay order (7 27), 6/26/2020
Joint status report 7/27/2020
Status report order (to 8 26), 7/28/2020
Joint status report, 8/26/2020
Order continuing stay (to 9 25), 8/26/2020
Joint status report, 9/25/2020
Neighborhood HP joint status 9 25 20
Order continuing stay (to 10 26), 9/29/2020
Joint status report, 10/26/2020
Neighborhood HP joint status 10 26 20
Stay order (15 days), 11/2/2020
Neighborhood HP status order 11 2 20
Stipulation for entry of judgment, 11/9/2020
Order for entry of judgment, 11/16/2020
Judgment, 11/16/2020
Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case
Request for stay, 3/1/2017
Order denying stay, 3/2/2017
US motion for stay, 6/22/2017
Health Net op to stay, 7/10/2017
US stay reply, 7/12/2017
Additional stay authority, 7/18/2017
60 day stay order, 10/23/2017
Joint status report to continue stay, 11/28/2017
Joint status report to continue stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report 5/12/2020
Motion for leave to file amended complaint, with amended complaint, 5/27/2020
Joint status report, 5/29/2020
Health Net joint status report 5 29
Health Net status order (6 29), 6/3/2020
Health Net joint status order 6 3 20
Health Net amended complaint, 6/3/2020
Health Net joint status report (7 13), 6/29/2020
Health Net joint status report 6 29 20
Status report order (7 13), 7/1/2020
Joint status report, 7/13/2020
HealthNet joint status 7 13 20
Status report order (for 7 20), 7/17/2020
HealthNet status order 7 17 20
Joint status report, 7/20/2020
Health Net joint status report 7 20 20
Status report order (7 27), 7/21/2020
Stipulation for entry of judgment, 7/27/2020
Order for entry of judgment, 7/28/2020
Order for entry of judgment 7 28
Judgment, 7/29/2020
HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case
Joint status report, 2/16/2017
Order denying stay, 2/21/2017
Amended complaint, 3/8/2017
HPHC motion for partial summary judgment, 3/8/2017
Gov’t motion to dismiss and partial summary judgment op, 4/13/2017
HPHC partial summary judgment reply/cross motion opposition, 4/28/2017
Gov’t reply supporting mo to dismiss, 5/15/2017
Stay order, 7/11/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 7/12/2019
Continued stay order, 7/12/2019* (report w/in 30 days)
Joint status report, 5/27/2020
Status report order (for 7 7), 6/2/2020
Stipulation for entry of judgment, 6/26/2020
Consolidation order, 7/6/2020
Order for judgment, 7/7/2020
Judgment, 7/7/2020
Medica Health Plans v. USA, No. 17-94 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Joint motion for stay, 3/10/17
Stayed
Joint status report and request for continued stay, 8/16/18
Continued stay order, 8/16/18* (report w/in 30 days)
Order for status report by 6/23, 5/18/2020
Amended complaint, 5/28/2020
medica risk corridor amended complaint
Stipulation for entry of judgment, 6/19/2020
medica stip entry judgment 6 19 20
Order for entry of judgment, 6/19/2020
Medica order directing judgment
Judgment, 6/19/2020
Blue Cross Blue Shield of Kansas City v. USA, No. 17-95 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Gov’t motion to dismiss, 5/23/2017
Consent stay order, 6/14/2017
Joint status report and request for continued stay, 6/27/2018
joint status report and request
Joint status report, 5/12/2020
Order for joint status report in 45 days, 5/13/2020
Stipulation for entry of final judgment, 6/29/2020
Stip for entry of final judgment
Order for judgment, and judgment, 6/30/2020
Molina Healthcare of California v. USA, No. 17-97 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case
Plaintiffs’ motion for partial summary judgment, 3/14/2017
Order denying stay, 3/24/2017
US opposition/cross-motion, 4/28/2017
Molina reply/opposition, 5/30/2017
Oral argument issues order, 6/20/2017
Opinion, 8/4/2017
Joint status report with amount and stay, 8/25/2017
Stay order, 8/28/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order for joint computation of damages w/in 30 days, 5/13/2020
Joint status report, 6/12/2020
Stipulation for judgment, 6/17/2020
Judgment, 6/19/2020
Blue Cross and Blue Shield of Alabama v. USA, No. 17-347 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17, 5/11/17
Stay order, 5/11/17
Joint status report and request for continued stay, 6/22/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 7/2/2018
Order lifting stay, 5/11/2020
First amended complaint, 5/13/2020
Joint status report, 5/29/2020
Status report order (6 29), 6/3/2020
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
Order for entry of judgment, 7/1/2020
order for entry of judgment 7 1
Judgment, 7/2/2020
Bluecross Blueshield of Tennessee v. USA, No. 17-348 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case
Unopposed motion for stay until 6/30/17 filed and granted, 5/11/17
Joint status report and request for continued stay, 6/22/2017
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Order vitiating stay, 5/5/2020
First amended complaint, 5/18/2020
BC BS TN first amended complaint
Joint status report, 5/29/2020
Order (for 6 29), 5/29/2020
Stipulation for entry of judgment, 6/26/2020
Order for entry of judgment, 6/26/2020
Judgment, 6/26/2020
Sanford Health Plan v. USA, No. 17-357 (Ct. Fed. Cl., filed 3/15/2017), Risk Corridor case
Plaintiff’s motion for partial summary judgment, 3/22/2017
Govt motion for stay, 4/20/2017
Plaintiff’s opposition to stay, 4/24/2017
Govt stay reply, 4/27/2017
Stay order, 5/1/2017
Joint status report and request for continued stay, 6/27/2018
Order continuing stay, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Sanford RC stip entry judgment
Order for entry of judgment, 7/28/2020
Judgment, 7/29/2020
Farmer v. USA, No. 17-363 (Ct. Fed. Cl., filed 3/17/2017), Risk Corridor case
US motion to stay, 5/4/2017
Response to motion to stay, 5/22/2017
Reply supporting stay, 6/2/2017
Stay order, 6/7/2017
stayed
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/28/2018* (report w/in 30 days)
Joint status report, 5/27/2020 (to 7 13)
Status report order (to 7 13)
Joint status report, 7/16/2020
Joint status report order (8 31), 7/17/2020
Farmer status report order 7 17 20
Stipulation for entry of judgment, 8/12/2020
Order of dismissal, and judgment, 8/14/2020
order of dismissal, and judgment
Health Alliance Medical Plans v. USA, No. 17-653 (Ct. Fed. Cl., filed 5/18/2017), Risk Corridor case
Motion for stay, 6/22/2017
Op to motion for stay, 7/10/2017
Reply supporting stay, 7/12/2017
Stay, 7/17/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Non-acceptance of stipulation (7 7), 6/30/2020
Stipulation for entry of judgment, 6/30/2020
Order for judgment, 7/2/2020
Judgment, 7/2/2020
EmblemHealth v. USA, No. 17-703 (Ct. Fed. Cl., filed 5/26/2017), Risk Corridor case
Unopposed motion for stay, 7/25/2017
Joint status report, 7/13/2018
Order for continued stay, 7/16/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Scheduling order, 5/28/2020 (to 6 26)
Joint status report (to 7 10), 6/26/2020
Emblemhealth joint status 6 26
Scheduling order, 6/29/2020
Stipulation for entry of judgment, 7/10/2020
EmblemHealth stip entry judgment
Order for entry of judgment, 7/10/2020
EmblemHealth order for entry of judgment
Judgment, 7/10/2020
CommonGround Healthcare Cooperative v. USA, No. 17-877 (Ct. Fed. Cl. filed 6/27/2017), Risk Corridor case
for CSR part of case, see CSR page
Stay order, 8/11/2017
Amended complaint (class action), 11/22/2017
Motion to certify class, 12/14/2017
Motion to appoint class counsel, 12/14/2017
US response to motions, 12/22/2017
Order extending time re CSR response, 12/22/2017
Partial certification order, 1/8/2018
Motion for approval of risk corridor class notice, 1/26/2018
Order denying risk corridor class notice, requiring motion to be resubmitted, 1/29/2018
Revised class notice motion, 2/1/2018
Order approving risk corridor class notice, 2/1/2018
Notice of risk corridor class, and class list, 5/15/2018
Joint status report, 6/28/2018
Continued stay order (but see above re CSR), 6/29/2018
Motion to include additional class members in 2016 risk corridors class, May 11, 2020
Joint status report, with attachments, May 12, 2020
Post-Maine CHO order, next status report, June 29, May 14, 2020
US nonopposition to including additional class members, May 26, 2020
Order including additional class members, May 27, 2020
order including addl class mbrs
Motion for additional class members, June 23, 2020
Common Ground 2016 mo addl class 6 23 20
Order for additional class members, June 24, 2020
Common Ground 2016 addl class member order
Joint status report, June 29, 2020
Common Ground joint status 6 29 20
Scheduling order (7 10), June 30, 2020
Common Ground scheduling order for 7 10
Joint status report, July 10, 2020
Common Ground joint status 7 10 20
Scheduling order, July 13, 2020
Common Ground scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Common Ground joint mo divide enter judgment non-dispute
Joint status report, 7/17/2020
Common Ground joint status 7 17 20
Order dividing classes and for partial entry of judgment, 7/23/2020
Common Ground order for division and entry
54(b) judgment, 7/23/2020
Motion for attorney’s fees, with exhibits, 7/30/2020
Joint motion to stay proceedings for dispute subclass, 8/13/2020
joint mo to stay dispute subclass
Order staying proceedings for dispute subclass, 8/14/2020
Order staying dispute subclass
Unopposed motion to amend judgment, 8/18/2020
Common Ground CSR unop mo to amend j
Order to amend judgment, 8/19/2020
Common Ground order amending judgment
Amended 54 b judgment, 8/20/2020
Common Ground amended 54 b judgment
Opposition to fees request, 8/20/2020
Reply supporting fees application, 9/3/2020
Dispute subclass joint status report (for 10 9), 9/11/2020
CG dispute subclass joint status 9 11 20
Status report order, 9/14/2020
Dispute subclass joint status report (for 28 more days), 10/9/2020
Common Ground joint status 10 9 20
Status report order, 10/13/2020
Common Ground rc status report order 10 13 20
Motion for disbursement of 95% of funds, 10/15/2020
Common Ground mo disbursement funds
Order for disbursement. October 16, 2020
Common Ground disbursement order
Joint status report, November 6, 2020
Common Ground joint status 11 6 20
Joint status report on dispute subclass, December 4, 2020
Common Ground dispute subclass joint status 12 4
Status report order re dispute subclass, December 7, 2020
Common Ground status report order 12 7 20
Joint status report on dispute subclass, January 4, 2021
Dispute subclass status 1 4 21
Status report order (for 2/22), January 8, 2021
Joint status report, February 22, 2021
Status report order, February 26, 2021
CG status order dispute subclass
Stipulation for entry of partial judgment, April 13, 2021
CG stip partial judgment 4 13 21
CG dispute subclass order, June 1, 2021
CG dispute subclass 54(b) judgment, June 2, 2021
CG dispute subclass 54 b judgment 6 2 21
CG motion for Freelancers’ attorney’s fees, June 24, 2021
CG Freelancers atty fee mo 6 24
CG Freelancers disbursement request, August 6, 2021
CG Freelancers rc 2016 distrib rq
Disbursement order, August 12, 2021
Fees opinion (Health Republic/Common Ground), September 16, 2021
Fees opinion (Freelancers), September 16, 2021
54(b) judgment, September 17, 2021
54(b) judgment re Freelancers, September 17, 2021
Objectors’ notice of appeal, October 1, 2021
| 01/23/2023 | Minute Entry – Was the proceeding sealed to the public? n. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 1/23/2023 before Judge Kathryn C. Davis: Status Conference (Telephone). [Total number of days of proceeding: 1] Approximate duration of proceeding: 30 minutes. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(apkt) (Entered: 01/23/2023) | |
| 01/23/2023 | STATUS REPORT ORDER. Joint Status Report due by 3/10/2023. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 01/23/2023) |
Motion for status conference, March 13, 2023
=======
Nancy G. Atkins (Kentucky H Coop), No. 17-906 (Ct Fed Cl., filed 7/6/2017), Risk Corridor case
Motion for summary judgment, 7/26/2017
Motion to stay, 8/7/2017
Op to motion to stay, 8/21/2017
Reply supporting motion to stay, 8/28/2017
Order denying motion to stay, 9/11/2017
Motion to transfer, consolidate, 9/17/2017
Response to motion to transfer, consolidate, 9/19/2017
Reply re motion to transfer, consolidate, 9/21/2017
Op to summary judgment, cross-motion, 10/10/2017
Order denying motion to transfer, consolidate, 10/16/2017
Reply supporting summary judgment/op to cross motion, 11/7/2017
Stay order, 12/1/2017* (report w/in 30 days)
Nancy G. Atkins (Kentucky H Coop) stay order
Joint status report, 5/27/2020
Status report order (for 6 29), 5/29/2020
Joint status report (for 7 13), 6/29/2020
Joint status report (for 7 20), 7/14/2020
Atkins Kentucky joint status 7 14
Status report order (for 7 21), 7/16/2020
Stipulation for entry of judgment, 7/21/2020
Order for entry of judgment, 7/22/2020
Judgment, 7/22/2020
Ommen (CoOpportunity Health) v. USA, No. 17-957 (Ct Fed. Cl., filed 7/17/2017), Risk Corridor and risk adjustment case
Ommen (CoOpportunity) risk corridor complaint
Stay mo, 8/10/2017
Stay op, 8/24/2017
Motion for summary judgment, 8/24/2017
Stay reply, 9/1/2017
Stay order, 9/5/2017
Joint motion for extension to file status report, and order, 6/28/2018
Joint status report, 7/24/2018
Ommen (CoOpportunity) joint status 7 24 18
Order lifting stay, 7/26/2018
Ommen (CoOpportunity) order lifting stay
First amended complaint, 8/24/2018
Ommen (CoOpportunity) first amended complaint
US motion to dismiss, 10/26/2018
Ommen (CoOpportunity) US motion to dismiss
Opposition to motion to dismiss, 12/14/2018
Ommen op to US motion to dismiss
Second request for shutdown stay, 1/16/2019
ommen (coopportunity) second shutdown xt stay request unopposed
Order extending time, 1/17/2019
ommen (coopportunity) stay order 1 17 19
US reply supporting motion to dismiss, 3/29/2019
Ommen US motion to dismiss reply
Ommen unopposed request to continue oral argument, 4/10/2019
Ommen unopposed motion to continue hearing on motion to dismiss
Ommen stay order, 4/11/2019
Ommen joint status report, 7/5/2019
Ommen joint status report 7 5 19
Ommen order following joint status report, 7/8/2019
Ommen order following joint status 7 8 19
Ommen joint status report requesting continuing stay, 7/25/2019
Ommen further joint status report rq continued stay 7 25 19
Order vitiating stay, 5/7/2020
Joint status report (for 6/12), 5/29/2020
Status report order (for 6/12), 5/29/2020
Joint status report with request for settlement judge, 6/12/2020
Ommen (CoOpportunity) joint status 6 12 20 settlement judge request
Alternative dispute resolution referral, 6/15/2020
Stipulation for entry of judgment, 10/2/2020
Order for entry of judgment, 10/2/2020
Judgment, 10/2/2020
Wisconsin Physicians Service Insurance v. USA, No. 17-1070 (Ct. Fed. Cl., filed 8/7/2017), Risk Corridor case
Unopposed motion to stay, 8/23/2017, and order
Joint status report and request to continue stay, 6/27/2018
joint status report and request to continue stay
Joint status report and request to continue stay, 12/6/2018* (proposal for report w/in 30 days)
Joint status report, 5/19/2020
Order for status report 6/29, 5/20/2020
Wisc P order for status report
Stipulation for entry of judgment, 6/29/2020
Order for entry of judgment, 6/30/2020
Judgment, 6/30/2020
HealthNow New York v. USA, No. 17-1090 (Ct. Fed. Cl., filed 8/11/2017), Risk Corridor case
US motion to stay, 8/28/2017
Plaintiff opposition to stay, 9/11/2017
US reply supporting stay, 9/14/2017
Plaintiff motion for summary judgment, 9/18/2017
Stay order, 9/25/2017
Joint status report and request for continued stay order, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Order for 6/26 status report, 5/13/2020
order for status report 6 26, 5 13 20
Stipulation for entry of judgment, 6/26/2020
HealthNow New York stip for entry of judgment
Order for judgment, 6/29/2020
HealthNow NY order for judgment
Judgment, 6/29/2020
Premera BC LifeWise v. USA, No. 17-1155 (Ct Fed. Cl., filed 8/25/2017), Risk Corridor case
Order asking about stay, 9/12/2017
Joint status report, 9/18/2017
Stay order, 9/18/2017
Joint status report and request for continued stay, 6/26/2018
Premera BC LifeWise joint status report and request for continued stay
Continued stay order, 6/26/2018
Status report and request for continued stay, 7/25/2018
Continued stay order, 7/25/2018
Premera BC risk corridor joint status 10 23 18
Premera BC risk corridor continued stay order 10 23 18
Premera BC continued stay request 12 21 18
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
First amended complaint, with exhibits, May 20, 2020
LifeWise first amended cplt w x
Joint status report, May 27, 2020
Status report order (6 18), June 2, 2020
Scheduling order (6 26), June 18, 2020
Stipulation for entry of judgment, June 26, 2020
Premera BC stip entry judgment
Order for judgment, June 29, 2020
Judgment, June 29, 2020
Tom Glause (now Jeff Rude) v. USA, No. 17-1157 (Ct Fed Cl., filed 8/25/2017, risk corridor case
Unopposed motion for stay granted, 10/13/2017
Joint status report and request for continued stay, 6/25/2018
joint status report and request for continued stay
Joint status report, 5/12/2020
Order for status report w/in 45 days, 5/13/2020
Joint status report, 6/29/2020
Order (7 30?), 6/30/2020
Joint status report, 7/30/2020
Status order (8 30?), 7/31/2020
Stipulation for entry of judgment, 8/12/2020
Order for entry of judgment, 8/17/2020
order for entry of judgment 8 17 20
Judgment, 8/17/2020
Maria T. Vullo (now Linda A. Lacewell) v. USA, No. 17-1185 (Ct Fed Cl., filed 9/1/2017, risk corridor and other claims case
Joint motion for stay, 10/4/2017
Joint status report and request for continued stay, 6/28/2018
Joint status report and request for continued stay, 7/1/2019
joint status report and request to continue stay 7 1 19
Continued stay, 7/1/2019
Joint status report, 5/11/2020
Status order (next for 6 25), 6/19/2020
Joint status report, 6/25/2020
Continued stay order (next for 8 24), 6/26/2020
Lacewell continued stay 6 26 20
Joint status report, 8/24/2020
Continued stay order (next for 10 23), 8/25/2020
Joint status report, 10/22/2020
Continued stay order (next for 11 13), 10/23/2020
Joint status report, 11/13/2020
Continued stay order (next for 12 15), 11/13/2020
order continuing stay 11 13 20
Joint status report, 12/15/2020
Lacewell joint status 12 15 20
Continued stay order (next for 1 14), 12/15/2020
Lacewell continued stay 12 15 20
Joint status report, 1/14/2021
Status report order (next for 3 15), 1/19/2021
Joint status report, 3/15/2021
Stipulation for entry of final judgment, 4/16/2021
Lacewell stip for entry of judgment 4 16 21
Order for judgment, 4/23/2021
| 04/23/2021 | 41 | JUDGMENT entered, pursuant to Rule 58, that plaintiff, in her capacity as Liquidator of Health Republic Insurance of New York, Corp., recover of and from the United States the amount of $438,368,502.32 on the First Cause of Action of the Complaint for risk corridors benefit years 2014 and 2015, and the United States shall recover of and from the plaintiff the amount of $217,529,918.99, encompassing amounts owed under the risk adjustment program, risk adjustment user fees, the start-up loan, the CSR program, and for associated accrued interest, to be paid through deduction from the amount owed to plaintiff upon submission of the judgment to the Judgment Fund, with the net amount payable to plaintiff being $220,838,583.33. The Second, Third, Fourth, Fifth and Sixth Causes of Action of the Complaint are dismissed with prejudice. (Service on parties made.) (dls) (Main Document 41 replaced on 4/23/2021 to correct a clerical error.) (dls) (Entered: 04/23/2021) |
HealthyCT v. USA, No. 17-1233 (Ct Fed Cl., filed 9/12/2017), reinsurance and risk corridor case
Stay ordered, 10/13/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/12/2018
Joint status report, 5/12/2020
Order for status report 6/29, 5/14/2020
Joint status report (7 13), 6/29/2020
HealthyCT joint status 6 29 20
| 06/29/2020 | ORDER: The parties, in their latest 15 Joint Status Report, have requested an additional fourteen (14) days, within which to file a stipulation, or a joint status report regarding the timing and nature of further proceedings in this matter. The parties’ request is granted. Joint Status Report due by 7/13/2020. Signed by Judge Matthew H. Solomson. (si) Service on parties made. (Entered: 06/29/2020) |
Stipulation for entry of judgment, 7/10/2020
Order for entry of judgment, 7/29/2020
Order for entry of judgment 7 29
Judgment, 7/29/2020
Montana HCO v. USA, No. 17-1298 (Ct Fed Cl., filed 9/20/2017), risk corridor 2016 case
Montana CHO motion for summary judgment, 11/8/2017
US motion for stay, 11/16/2017
Op to stay, 11/30/2017
Reply supporting stay, 12/6/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
2016 case joint status report 5 12 20
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
QCC Ins. Co. v. USA, No. 17-1312 (Ct Fed Cl., filed 9/22/2017), risk corridor case
Unopposed motion to stay, 10/20/2017
Joint status report and request for continuing stay, 6/26/2018
Continuing stay order, 6/26/2018
Motion to lift stay, 5/8/2020
Order lifting stay, 5/12/2020
First amended complaint and exhibits, 5/21/2020
Joint status report, 5/29/2020
QCC joint status report 5 29 20
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
QCC joint status report 6 26 20
Judgment, 7/2/2020
Harvard Pilgrim HC v. USA, No. 17-1350 (Ct Fed Cl., filed 9/27/2017), risk corridor 2016 case
Stay ordered, 9/29/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Consent motion to stay briefing, 1/22/2019
harvard pilgrim consent motion for stay
Joint status report, 7/12/2019
Harvard Pilgrim joint status 7 12 19
Continued stay order, 7/12/2019* (report w/in 30 days)
Joint status report, 5/27/2020
Status report order (for 7 7), 6/2/2020
Harvard Pilgrim status order 6 2
Stipulation for entry of judgment, 6/26/2020
Consolidation order, 7/6/2020
Judgment, 7/7/2020
Maine CHO v. USA, No. 17-1387 (Ct Fed Cl., filed 9/29/2017), risk corridor 2016 case
Stay order, 11/2/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/22/2020
Maine CHO 2 stip entry judgment
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
Sanford HP v. USA, No. 17-1432 (Ct Fed Cl., filed 10/4/2017), risk corridor 2016 case
Stay order, 11/2/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Sanford RC stip entry judgment
Order for entry of judgment, 7/28/2020
Judgment, 7/29/2020
L.A. Care Health Plan v. USA, No. 17-1542 (Ct Fed Cl., filed 10/16/2017), risk corridor case (also CSR case, see other page)
Amended complaint, 2/8/2018
Motion for partial summary judgment, 2/8/2018
US motion to stay, 2/26/2018
Pltf stay op, 3/1/2018
US stay reply, 3/5/2018
Stay order, 3/5/2018
Joint status report, 7/16/2018
Order lifting stay but continuing stay, 7/16/2018
Partial SJ memo, 9/19/2018
Joint status report, 5/12/2020
Order for status report by 6/12, 5/14/2020
order for status report by 6 12 5 14 20
Joint status report, 6/12/2020
L.A. Care risk corridor joint status 6 12 20
Order for partial judgment, 6/18/2020
54(b) judgment, 6/19/2020
Humana, Inc. v. USA, No. 17-1664 (Ct Fed Cl., filed 11/2/2017), risk corridor case
Govt motion to stay, 11/24/2017
Stay order, 11/27/2017
Plaintiff objection, 11/28/2017
Joint status report and request for continued stay, 6/27/2018
Joint status report, 5/12/2020
Joint status report (for 7 10), 6/26/2020
Humana joint status report 6 26 20
Order for further report or stipulation for judgment by 7 13, 6/29/2020
Stipulation for entry of judgment, 7/6/2020
Humana stip for entry of judgment
Order for entry of judgment, 7/7/2020
Judgment, 7/7/2020
Health Alliance Medical Plans v. USA, No. 17-1759 (Ct Fed Cl., filed 11/9/2017), risk corridor 2016 case
HAMP stay order, 11/17/2017
Joint status report and request for continuing stay, 6/27/2018
Joint status report and request
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Non-acceptance order, 6/30/2020
Stipulation for entry of judgment, 6/30/2020
Order for judgment, 7/2/2020
Judgment, 7/2/2020
Scott and White HP v. USA, No. 17-1850 (Ct Fed Cl.), filed 11/29/2017), risk corridor case
Scott and White unopposed motion to stay, 12/21/2017
Scott and White joint status report, 6/20/2018
Scott and White order continuing stay, 6/20/2018
Scheduling order (for 6 26), 5/29/2020
Scott and White scheduling order
Stipulation for entry of judgment, 6/26/2020
Scott and White stip entry judgment
Judgment, 7/2/2020
MDwise Marketplace, Inc. v. United States, No. 17-1958 (Ct Fed Cl., filed 12/15/2017), risk corridor case
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/26/2018
Joint status report, 5/12/2020
Order lifting stay (6 26), 6/5/2020
First amended complaint, 6/11/2020
MDWise first amended complaint risk corridor CSR
Joint status report (for 7 10), 6/26/2020
Stipulation for entry of partial judgment (risk corridor), 6/29/2020
stip for partial judgment (risk corridor)
Order for judgment, 7/1/2020
54(b) judgment, 7/2/2020
MDWise amended complaint, 3/16/2021
MDWise amended complaint 3 16 21
Order allowing amended complaint, 3/18/2021
MDWise order for amended complaint 3 18 21
Order for final judgment, 3/18/2021
MDWise order for final judgment 3 18 21
Sendero HP v. USA, No. 17-2048 (Ct Fed Cl.), filed 12/27/2017), risk corridor case
Order inquiring about stay, 1/25/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Joint status report, 7/11/2019
Continuing stay order, 7/11/2019* (report w/in 30 days)
sendero continuing stay 7 11 19
Motion for leave to amend complaint, 10/3/2019
Sendero HP motion to amend complaint
Order allowing amended complaint, 10/15/2019
Sendero HP order allowing amended complaint
First amended complaint, 10/16/2019
Sendero HP first amended complaint
Joint status report, 5/22/2020
Sendero HP joint status 5 22 20
Status report order (for 6 16), 6/2/2020
Scheduling order (for 6 26), 6/16/2020
Joint status report (for 7 10), 6/26/2020
Sendero HP joint status 6 26 20
Stipulation for partial judgment, 6/29/2020
Sendero HP stip for partial judgment
Order for partial judgment on risk corridor claims, 6/30/2020
Sendero HP order for partial judgment
54(b) judgment, 6/30/2020
Community Health Choice v. USA, No. 18-5 (Ct Fed Cl.), filed 1/2/2018), risk corridor case (for CSR case, see other page)
Joint status report, 7/16/2018
Scheduling order continuing risk corridor stay, 7/16/2018
scheduling order continuing risk corridor stay
Joint status report, 5/12/2020
Order, status report in 45 days, 5/14/2020
Stipulation for partial risk corridor judgment, 6/29/2020
Order for partial risk corridor judgment, 6/30/2020
partial judgment risk corridor
54(b) judgment, 6/30/2020
Oregon’s Health Co-Op v. USA, No. 18-94 (Ct Fed Cl., filed 1/19/2018), risk corridor case
Unopposed motion for stay, 1/30/2018
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/29/2018
Joint status report, 5/12/2020
Order lifting stay, status report 6 29 20, 5/13/2020
order lifting stay and status 45
Joint status report (7 13), 6/29/2020
Order for stipulation to be filed by 7 13, 7/6/2020
Stipulation for entry of judgment, 7/13/2020
Oregon H Co Op stip entry judgment
Order for entry of judgment, 7/14/2020
Oregon H Co Op order for entry of judgment
Judgment, 7/15/2020
First Priority v. USA, No. 18-96 (Ct Fed Cl., filed 1/19/2018), risk corridor case
Unopposed motion for stay filed and granted, 2/26/2018
Joint status report and request for continued stay, 6/27/2018
Joint status report and request
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Affinity Health Plan v. USA, No. 18-110 (Ct Fed Cl., filed 1/23/2018), risk corridor case
Unopposed motion for stay, 2/14/2018
Stay order, 2/14/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Order lifting stay and requiring status report by 6/29, 5/13/2020
Stipulation for entry of judgment, 6/29/2020
Final order, 6/30/2020
Judgment, 6/30/2020
Blue Cross Blue Shield of Vermont v. USA, No. 18-241 (Ct Fed Cl., filed 2/15/2018), risk corridor case
Joint motion to stay, 3/1/18
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 7/6/2020
Order for entry of judgment, 7/6/2020
BC BS VT order for entry of judgment
Judgment, 7/7/2020
Blue Cross Blue Shield of Arizona v. USA, No. 18-282 (Ct Fed Cl., filed 2/23/2018), risk corridor case
Unopposed motion for stay, 3/20/2018
Stay order, 3/22/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Unopposed motion to lift stay, 5/8/2020
Order lifting stay and status report 5/29, 5/13/2020
order lifting stay and status report 5 29
First amended complaint, including exhibits, 5/15/2020
BC BS AZ first amended complaint
Joint status report, 5/29/2020
BC BS AZ joint status report 5 29 20
Scheduling order (for 6 30), 5/29/2020
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
BC BS AZ joint status report 6 26 20
Final order, 6/30/2020
Judgment, 6/30/2020
Molina Healthcare v. USA, No. 18-333 (Ct Fed. Cl., filed 3/5/2018), risk corridor 2016 case (also CSRs)
Complaint
Molina [CSR] motion for stay, filed 4/11/2018
Molina [CSR] partial stay op, filed 4/11/2018
Molina stay order, 4/12/2018
Joint status report and request for continued stay, 7/13/2018
Molina RC motion continued stay
Order for continuing stay, 7/13/2018
Molina 2 continued stay 7 13 18
Joint status report, 5/12/2020
Order, status report by 6/12, 5/13/2020
Joint status report, 6/12/2020
Stipulation for judgment, 6/17/2020
Order for judgment, 6/18/2020
54(b) judgment, 6/19/2020
Blue Cross Blue Shield of Nebraska v. USA, No. 18-491 (Ct Fed. Cl., filed 4/3/2018), risk corridor risk adjustment case
Unopposed motion to stay, 6/11/2018
Stay order, 6/12/2018
Joint status report, 7/16/2018
Joint status report and request to continue stay, 12/6/2018* (proposal for report w/in 30 days)
Continued stay request 12 6 18
Joint status report, 5/27/2020
BC BS NE status report 5 27 20
Scheduling order (45 days), 5/27/2020
Joint status report, 7/13/2020
BC BS NE joint status report 7 13 20
Order lifting stay, 7/14/2020
Stipulation for entry of judgment, 8/4/2020
Order for entry of judgment, 8/7/2020
Judgment, 8/7/2020
US motion to dismiss risk adjustment claim, 9/14/2020
BC BS NE US mo dism risk adjustment
Stipulation, 10/22/2020
Order for entry of judgment, 10/23/2020
Judgment, 10/23/2020
McLaren Health Plan v. USA, No. 18-608 (Ct Fed. Cl., filed 4/27/2018), risk corridor case
Unopposed motion to stay, 6/4/2018
Joint status report and request to continue stay, 6/27/2018
Continued stay order, 7/9/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Stipulation for final judgment, 6/30/2020
McLaren stip for final judgment
Order for final judgment, 10/21/2020
Judgment, 10/22/2020
Aetna Health (Florida) v. USA, No. 19-1338 (Ct Fed Cl., filed 8/30/19)
Complaint, 8/30/2019
Unopposed US motion to stay, 9/18/2019
Stay order, 9/19/2019
Joint status report, 5/27/2020
Aetna joint status report 5 27 20
Scheduling order (for 7 13), 5/29/2020
Joint status report, 8/13/2020
Aetna joint status report 8 13 20
Status report order (for 8 27), 8/13/2020
Aetna status report order 8 13 20
Joint status report, 8/27/2020
Aetna joint status report 8 27 20
Status report order (for 9 17), 9/2/2020
Aetna status report order 9 2 20
Stipulation for entry of judgment, 9/17/2020
Order for entry of judgment, 9/18/2020
Judgment, 9/21/2020
Blue Cross of California v. USA, No. 19-1770 (Ct Fed Cl., filed 11/18/19)
Complaint
BC Calif risk corridor complaint
Consent motion for stay, 12/2/2019
Order granting stay, 12/16/2019* (report w/in 30 days)
Joint status report, 5/27/2020
BC CA joint status report 5 27 20
Order, 5/28/2020 (to 6 26)
Stipulation for entry of judgment, 6/26/2020
Order for entry of judgment, 6/29/2020
BC Calif order for entry of judgment
Judgment, 6/29/2020
Independent Health Benefits Corp. v. USA, No. 20-163 (Ct Fed Cl., filed 2/18/20)
Complaint
Consent motion for stay, 3/4/2020
Stay order, 3/5/2020* (report w/in 20 days)
Joint status report, 5/18/2020
Order lifting stay (for 6 29), 5/19/2020
Stipulation for entry of judgment, 6/29/2020
Order for judgment, 6/30/2020
Judgment, 6/30/2020
HealthFirst PHSP v. USA, No. 20-179 (Ct Fed Cl., filed 2/20/2020)
Complaint
Consent motion to stay, 3/13/2020
Stay order, 3/16/2020
Joint status report, 5/27/2020
HealthFirst joint status report 5 27 20
Order lifting stay (for 6 26), 5/27/2020
Healthfirst stipulation for entry of judgment, and orders, 6/26/2020
Healthfirst stip entry judgment
Healthfirst order for judgment
Health Care Service Corp. v. USA, No. 20-259 (Ct Fed Cl., filed 3/9/20)
Complaint
Consent motion for stay, 3/26/2020
Stay order, 4/1/2020* (report w/in 20 days)
Joint status report, 5/18/2020
HCSC joint status report 5 18 20
Order lifting stay (for 6 29), 5/19/20
Stipulation of final judgment, 6/29/2020
Order for final judgment, 6/30/2020
Judgment, 6/30/2020
Cigna Health and Life Ins. Co. v. USA, No. 20-546 (Ct Fed Cl., filed 5/1/20), risk corridor and CSR case
Complaint
Cigna risk corridor and CSR complaint
Joint status report, 8/5/2020
Cigna risk corridor joint status 8 5 20
Status order, 8/5/2020
Stipulation for entry of partial judgment, 8/12/2020
Order for entry of judgment, 8/12/2020
Judgment, 8/14/2020
MVP Health v. USA, No. 20-757 (Ct Fed Cl., filed 6/23/20), risk corridor case
Complaint
MVP Health risk corridor complaint
Stipulation for entry of judgment, 8/12/2020
Order for entry of judgment, 8/13/2020
Judgment, 8/13/2020
Blue Cross Blue Shield of North Dakota v. USA, No. 20-846 (Ct Fed Cl.), filed 7/13/20), risk corridor case
Complaint
Stipulation for entry of final judgment, 9/1/2020
Order for final judgment, and judgment, 9/8/2020
Blue Cross Blue Shield of Wyoming v. USA, No. 20-892 (Ct Fed Cl., filed 7/23/20), risk corridor case
Complaint, with exhibits
BC BS WY risk corridor complaint
Stipulation for entry of judgment, 8/11/2020
Order for entry of judgment, 9/15/2020
Judgment, 9/16/2020
Health New England v. USA, No. 20-924 (Ct Fed Cl., filed 7/29/20), risk corridor 2016 case
Complaint
Health New England risk corridor 2016 complaint
Stipulation for entry of judgment, 9/25/2020
Health New England stip entry j
Order for entry of judgment, 9/29/2020
Judgment, 9/30/2020
Blue Care of Michigan v. USA, No. 20-1000 (Ct Fed Cl., filed 8/11/20), CSR and risk corridor case
First amended complaint, 8/26/2020
BC Network MI 1st amended complaint
Stipulation for entry of risk corridor judgment, 10/8/2020
BC Mich stip entry risk corridor j
Order for entry of risk corridor judgment, 10/12/2020
Risk corridor judgment, 10/13/2020
BC Mich 54 b risk corridor judgment
Blue Cross Blue Shield of South Carolina v. USA, No. 20-1014 (Ct Fed Cl., filed 8/14/20), risk corridor 2016 case
Complaint
BC BS SC 2016 risk corridor complaint
Stipulation for entry of judgment, 10/8/2020
Order for entry of judgment, 10/8/2020
Judgment, 10/8/2020
Medical Health Insuring Corp. of Ohio v. USA, No. 20-1377 (Ct Fed Cl., filed 10/13/20)
Complaint
Medical Health risk corridor complaint
Stipulation for entry of judgment, 11/9/2020
Medical Health risk corridor stip entry j
Order for entry of judgment, 11/10/2020
Medical Health risk corridor order for j
Judgment, 11/16/2020
Piedmont Community Healthcare v. USA, No. 20-1431 (Ct Fed Cl., filed 10/22/20)
Complaint
Piedmont CHC risk corridor complaint
Stipulation for entry of judgment, 12/14/2020
Order for entry of judgment, 12/14/2020
Judgment, 12/14/2020
Reinsurance case being litigated in the Court of Federal Claims
Farmer (Consumers’ Choice) v. U.S., No. 1:18-cv-1484 (Ct Fed Cl, filed 9/26/18)
Complaint
Farmer Consumers Choice reinsurance complaint
US motion to dismiss, 3/4/2019
Farmer Consumers Choice US motion to dismiss
Opposition to motion to dismiss, 4/15/2019
Farmer op to US motion to dismiss 4 15 19
US reply supporting motion to dismiss, 5/6/2019
Farmer US reply supporting mo to dismiss
Joint status report, 6/11/2020
Order, 6/12/2020
Stipulation for dismissal, 8/12/2020
Order of dismissal, and judgment, 8/13/2020
order of dismissal, and judgment
Risk adjustment/reinsurance netting case
Conway v. USA, No. 18-1623 (Ct Fed. Cl.), risk adjustment/reinsurance netting case
Complaint, 10/19/18
Plaintiff’s motion for summary judgment, 12/8/18
US summary judgment opposition/cross motion, 3/15/19
Plaintiff’s opposition/reply, 4/12/19
Conway pltf sj reply xmo response
US reply, 5/3/19
Opinion, 10/3/2019
Stipulation re judgment amount, 10/18/2019
Conway netting stip re judgment
Judgment, 10/21/2019
US notice of appeal, 12/19/2019
conway netting us notice of appeal
Federal Circuit # 20-1292
US opening brief, 4/27/2020-5/5/2020 (corrected)
FC Conway US opening brief (corrected)
Conway appellee brief, 6/8/2020
US reply brief, 7/17/2020
US additional authority (Health Republic), 11/20/2020
FC Conway US addl auth (Health Republic)
Conway response to US additional authority, 11/23/2020
FC Conway response to US addl auth
Federal Circuit decision, 5/17/2021
Unopposed US motion for extension to file rehearing, 6/9/2021
Order extending time to file for rehearing, 6/9/2021
Second request for extension of time to file for rehearing, 6/29/2021
Petition for panel rehearing, 8/2/2021
Order denying petition for panel rehearing, 8/20/2021
Stipulation for dismissal due to payment of judgment, 1/14/2022
Risk Adjustment: Minuteman Health (D. Mass.), New Mexico HC (2 cases: D. N.M.), UnitedHealthcare v. Vullo (S.D. N.Y.), and Vista Health (W.D. Tex.)
Minuteman Health v. U.S. DHHS, No. 1:16-cv-11570 (D. Mass.) (risk adjustment)
Complaint, July 29, 2016
Amended complaint, Jan. 12, 2017
Plaintiff’s summary judgment memo, April 6, 2017
Defendant’s opposition/cross motion, May 25, 2017
Plaintiff’s SJ reply XSJ op, July 20, 2017
Defendant’s SJ reply XSJ op, Sept. 14, 2017
Opinion, Jan. 30, 2018
New Mexico Health Connections v. U.S. D.H.H.S., No. 1:16-cv-878 (D. N.M.), and id., No. 1-18-cv-779 (D. N.M.) (risk adjustment)
Complaint, July 29, 2016
Amended complaint, Jan. 12, 2017
Answer to amended complaint, Feb. 23, 2017
NMHC summary judgment memo, April 13, 2017
US op/cross motion, June 1, 2017
NMHC reply/opposition, July 13, 2017
US reply, Aug. 17, 2017
NMHC supp authority, Sept. 18, 2017
US response to supp authority, Sept. 22, 2017
Opinion, Feb. 28, 2018
US motion to alter or amend judgment, March 28, 2018
NMHC motion to strike, April 23, 2018
NMHC op to motion to alter or amend, April 23, 2018
US op to motion to strike, May 7, 2018
US reply supporting motion to alter or amend, May 17, 2018
NM addl authority (Moda), June 15, 2018
US response to addl authority, June 20, 2018
Clerk’s notes from oral argument, June 21, 2018
CMS notice of progress re interim rule, etc., July 19, 2018
AHIP BCBSA amicus statement, July 19, 2018
US notice, July 25, 2018
NMHC opposition to BCBS amicus, August 1, 2018
NMHC response to US notice, August 1, 2018
US notice, August 8, 2018
NMHC response to US notice, August 13, 2018
NMHC second suit, 1:18-cv-773, filed August 13, 2018
NMHC second suit summary judgment memo, August 13, 2018
NMHC motion to consolidate, August 15, 2018
US notice re filing opposition, August 16, 2018
Withdrawal of consolidation motion, August 29, 2018
Joint motion to reassign, August 29, 2018
Notice of additional authority (Montana HCO CSR), September 6, 2018
Joint motion to stay second case, October 5, 2018
New Mexico HC 2 joint motion to stay
Order in first case denying reconsideration, October 19, 2018
New Mexico HC order denying recon
Joint status report in second case, November 2, 2018
nmhc 2 joint status report 11 2 18
Notice of appeal in first case, December 14, 2018
Tenth Circuit # 18-2186
Tenth Circuit US request for extension of time, December 26, 2018
Order for extension, December 26, 2018
Second case US unopposed request for extension of time, December 26, 2018
Order granting stay in second case, December 31, 2018
| 01/16/2019 | [10619511] Appellans motion request made via telephone due to the Government shutdown and lapse in appropriations by Mr. Alex M. Azar, II, Centers for Medicare and Medicaid Services, HHS and Ms. Seema Verma to extend time to file docketing statement and transcript order form until 02/22/2019. TEXT ONLY. Served on 01/16/2019. Manner of Service: fax. [18-2186] [Entered: 01/17/2019 08:38 AM] |
Order staying transcript, etc., January 17, 2019
Joint status report in second case re appropriations available again, January 28, 2019
Question to parties about appellate jurisdiction, February 15, 2019
10C Q to parties about jurisdiction
US appellant brief, March 19, 2019
US appellant brief resubmitted, March 22, 2019
10C NMHC corrected appellant brief
AHIP amicus, March 29, 2019
NMHC appellee brief, April 22, 2019
Second US request for extension of time for reply, April 25, 2019
Order setting reply deadline
| 04/25/2019 | [10643956] Order filed by Clerk of the Court granting IN PART Appellants’ motion to extend time to file apet reply brief. Appellant’s optional reply brief now due 06/03/2019 for United States Department of Health & Human Services, Seema Verma, Alex M. Azar II and Centers for Medicare and Medicaid Services. No further extensions of time will be granted on the clerk’s authority. Served on 04/25/2019. Text only entry – no attachment. [18-2186] [Entered: 04/25/2019 11:00 AM] |
US reply brief, June 3, 2019
NMHC additional authority (2018 report), July 11, 2019
Tenth Circuit opinion, December 31, 2019
Second case stipulation for dismissal, January 9, 2020
Final judgment in second case dismissing it with prejudice, January 31, 2020
CMS press release, July 7, 2018
CMS risk adjustment press release
CMS notice, July 24, 2018
Proposed risk adjustment rule for 2018 (first version)
UnitedHealthcare of New York v. Vullo, No. 1:17-cv-7694 (S.D. N.Y.) [now Lacewell]
Defendant’s motion to dismiss, December 15, 2017/January 24, 2018
Powell declaration supporting motion to dismiss, December 15, 2017/January 24, 2018
Opposition to motion to dismiss/memo supporting summary judgment, January 9, 2018
Defendants’ summary judgment opposition/motion to dismiss reply, February 16, 2018
Reply supporting plaintiffs’ motion for summary judgment, March 16, 2018
Order requesting US amicus filing, June 25, 2018
US request for extension of time, June 27, 2018, partially denied, July 2, 2018
Judgment, August 13, 2018
Oxford memo for injunction pending appeal, August 23, 2018
Oxford motion for expediting injunction pending appeal, August 23, 2018
Opposition to expediting, August 24, 2018
Reply supporting expediting, August 24, 2018
Order denying expediting, August 27, 2018
Second Circuit No. 18-2583
US opposition to injunction pending appeal, September 5, 2018
Reply supporting injunction pending appeal, September 10, 2018
Order denying injunction pending appeal (District Court), September 21, 2018
Second Circuit temporary injunction, October 10, 2018
Reply supporting injunction pending appeal, October 11, 2018
2C UnitedHealthCare v. Vullo pltf IPA reply
Order granting injunction pending appeal, November 19, 2018
UnitedH v. Vullo order granting injunction pending appeal
Appellants’ brief, December 10, 2018
2C UnitedHealthCare Oxford Health opening brief
Appellee’s brief, December 10, 2018
2C UnitedHealthCare Vullo appellee brief
Appellants’ reply brief, December 20, 2018
FC UnitedH v. Vullo appellant’s reply
Appellee’s reply brief, December 20, 2018
FC United H v. Vullo appellee’s reply
| 12/21/2018 | 93 | CASE CALENDARING, for argument on 02/08/2019, SET.[2461362] [18-2583] [Entered: 12/21/2018 12:23 PM] |
Second Circuit letter to CMS, February 19, 2019
Second Circuit cover letter to Solicitor General, February 19, 2019
2C Circuit cover letter to Solicitor General
US unopposed request for extension, March 4, 2019
2C UnitedHealth v. Vullo US mo xt amicus
US unopposed second request for extension, May 7, 2019
2C United H v. Vullo US addl xt mo
Order setting US response for August 2, May 8, 2019
2C United H. v. Vullo extension order
US amicus brief, August 2, 2019
Order directing responses to US amicus brief, August 7, 2019
2C order for responsive briefing
NY response to US brief, September 23, 2019
2C NY post argument letter brief
Oxford response to US brief, September 23, 2019
2C Oxford post argument letter brief
Second Circuit opinion, July 20, 2020
2C UnitedHealthcare Lacewell opinion
Vista Health Plan v. U.S. D.H.H.S., No. 1:18-cv-824 (W.D. Tex., Sept. 21, 2020), 2020 WL 6380206
Vista Health Plan Inc v United States Department of Health and Human Services-1
Opening brief, April 26, 2021
Response brief, July 26, 2021
5C Vista US response br 7 26 21
Reply brief, September 7, 2021
Vista Health Plan v. , No. 20-50963 (5th Cir., March 17, 2020)
Risk corridors and reinsurance cases stayed or settled at the Court of Federal Claims
Reinsurance (1341) case
Nancy G. Atkins, No. 17-1108 (Ct Fed Cl., filed 8/16/2017), Reinsurance 1341 case
Motion for summary judgment, stricken
Unopposed motion for extension of time to answer, 12/18/2017
Partial settlement, 3/5/2018
Atkins 1341 partial settlement
Other risk corridors, etc., cases in state or federal court
Dowling v. U.S. D.H.H.S., No. 1:17-cv-494 (N.D. Ill.), Memorandum and Order on reconsideration, July 2, 2018
Hammer v. U.S. D.H.H.S, No. 18-2583 (7th Cir.), opinion, Sept. 25, 2018
=======
Nancy G. Atkins (Kentucky H Coop), No. 17-906 (Ct Fed Cl., filed 7/6/2017), Risk Corridor case
Motion for summary judgment, 7/26/2017
Motion to stay, 8/7/2017
Op to motion to stay, 8/21/2017
Reply supporting motion to stay, 8/28/2017
Order denying motion to stay, 9/11/2017
Motion to transfer, consolidate, 9/17/2017
Response to motion to transfer, consolidate, 9/19/2017
Reply re motion to transfer, consolidate, 9/21/2017
Op to summary judgment, cross-motion, 10/10/2017
Order denying motion to transfer, consolidate, 10/16/2017
Reply supporting summary judgment/op to cross motion, 11/7/2017
Stay order, 12/1/2017* (report w/in 30 days)
Nancy G. Atkins (Kentucky H Coop) stay order
Joint status report, 5/27/2020
Status report order (for 6 29), 5/29/2020
Joint status report (for 7 13), 6/29/2020
Joint status report (for 7 20), 7/14/2020
Atkins Kentucky joint status 7 14
Status report order (for 7 21), 7/16/2020
Stipulation for entry of judgment, 7/21/2020
Order for entry of judgment, 7/22/2020
Judgment, 7/22/2020
Ommen (CoOpportunity Health) v. USA, No. 17-957 (Ct Fed. Cl., filed 7/17/2017), Risk Corridor and risk adjustment case
Ommen (CoOpportunity) risk corridor complaint
Stay mo, 8/10/2017
Stay op, 8/24/2017
Motion for summary judgment, 8/24/2017
Stay reply, 9/1/2017
Stay order, 9/5/2017
Joint motion for extension to file status report, and order, 6/28/2018
Joint status report, 7/24/2018
Ommen (CoOpportunity) joint status 7 24 18
Order lifting stay, 7/26/2018
Ommen (CoOpportunity) order lifting stay
First amended complaint, 8/24/2018
Ommen (CoOpportunity) first amended complaint
US motion to dismiss, 10/26/2018
Ommen (CoOpportunity) US motion to dismiss
Opposition to motion to dismiss, 12/14/2018
Ommen op to US motion to dismiss
Second request for shutdown stay, 1/16/2019
ommen (coopportunity) second shutdown xt stay request unopposed
Order extending time, 1/17/2019
ommen (coopportunity) stay order 1 17 19
US reply supporting motion to dismiss, 3/29/2019
Ommen US motion to dismiss reply
Ommen unopposed request to continue oral argument, 4/10/2019
Ommen unopposed motion to continue hearing on motion to dismiss
Ommen stay order, 4/11/2019
Ommen joint status report, 7/5/2019
Ommen joint status report 7 5 19
Ommen order following joint status report, 7/8/2019
Ommen order following joint status 7 8 19
Ommen joint status report requesting continuing stay, 7/25/2019
Ommen further joint status report rq continued stay 7 25 19
Order vitiating stay, 5/7/2020
Joint status report (for 6/12), 5/29/2020
Status report order (for 6/12), 5/29/2020
Joint status report with request for settlement judge, 6/12/2020
Ommen (CoOpportunity) joint status 6 12 20 settlement judge request
Alternative dispute resolution referral, 6/15/2020
Stipulation for entry of judgment, 10/2/2020
Order for entry of judgment, 10/2/2020
Judgment, 10/2/2020
Wisconsin Physicians Service Insurance v. USA, No. 17-1070 (Ct. Fed. Cl., filed 8/7/2017), Risk Corridor case
Unopposed motion to stay, 8/23/2017, and order
Joint status report and request to continue stay, 6/27/2018
joint status report and request to continue stay
Joint status report and request to continue stay, 12/6/2018* (proposal for report w/in 30 days)
Joint status report, 5/19/2020
Order for status report 6/29, 5/20/2020
Wisc P order for status report
Stipulation for entry of judgment, 6/29/2020
Order for entry of judgment, 6/30/2020
Judgment, 6/30/2020
HealthNow New York v. USA, No. 17-1090 (Ct. Fed. Cl., filed 8/11/2017), Risk Corridor case
US motion to stay, 8/28/2017
Plaintiff opposition to stay, 9/11/2017
US reply supporting stay, 9/14/2017
Plaintiff motion for summary judgment, 9/18/2017
Stay order, 9/25/2017
Joint status report and request for continued stay order, 6/27/2018
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Order for 6/26 status report, 5/13/2020
order for status report 6 26, 5 13 20
Stipulation for entry of judgment, 6/26/2020
HealthNow New York stip for entry of judgment
Order for judgment, 6/29/2020
HealthNow NY order for judgment
Judgment, 6/29/2020
Premera BC LifeWise v. USA, No. 17-1155 (Ct Fed. Cl., filed 8/25/2017), Risk Corridor case
Order asking about stay, 9/12/2017
Joint status report, 9/18/2017
Stay order, 9/18/2017
Joint status report and request for continued stay, 6/26/2018
Premera BC LifeWise joint status report and request for continued stay
Continued stay order, 6/26/2018
Status report and request for continued stay, 7/25/2018
Continued stay order, 7/25/2018
Premera BC risk corridor joint status 10 23 18
Premera BC risk corridor continued stay order 10 23 18
Premera BC continued stay request 12 21 18
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
First amended complaint, with exhibits, May 20, 2020
LifeWise first amended cplt w x
Joint status report, May 27, 2020
Status report order (6 18), June 2, 2020
Scheduling order (6 26), June 18, 2020
Stipulation for entry of judgment, June 26, 2020
Premera BC stip entry judgment
Order for judgment, June 29, 2020
Judgment, June 29, 2020
Tom Glause (now Jeff Rude) v. USA, No. 17-1157 (Ct Fed Cl., filed 8/25/2017, risk corridor case
Unopposed motion for stay granted, 10/13/2017
Joint status report and request for continued stay, 6/25/2018
joint status report and request for continued stay
Joint status report, 5/12/2020
Order for status report w/in 45 days, 5/13/2020
Joint status report, 6/29/2020
Order (7 30?), 6/30/2020
Joint status report, 7/30/2020
Status order (8 30?), 7/31/2020
Stipulation for entry of judgment, 8/12/2020
Order for entry of judgment, 8/17/2020
order for entry of judgment 8 17 20
Judgment, 8/17/2020
Maria T. Vullo (now Linda A. Lacewell) v. USA, No. 17-1185 (Ct Fed Cl., filed 9/1/2017, risk corridor and other claims case
Joint motion for stay, 10/4/2017
Joint status report and request for continued stay, 6/28/2018
Joint status report and request for continued stay, 7/1/2019
joint status report and request to continue stay 7 1 19
Continued stay, 7/1/2019
Joint status report, 5/11/2020
Status order (next for 6 25), 6/19/2020
Joint status report, 6/25/2020
Continued stay order (next for 8 24), 6/26/2020
Lacewell continued stay 6 26 20
Joint status report, 8/24/2020
Continued stay order (next for 10 23), 8/25/2020
Joint status report, 10/22/2020
Continued stay order (next for 11 13), 10/23/2020
Joint status report, 11/13/2020
Continued stay order (next for 12 15), 11/13/2020
order continuing stay 11 13 20
Joint status report, 12/15/2020
Lacewell joint status 12 15 20
Continued stay order (next for 1 14), 12/15/2020
Lacewell continued stay 12 15 20
Joint status report, 1/14/2021
Status report order (next for 3 15), 1/19/2021
Joint status report, 3/15/2021
Stipulation for entry of final judgment, 4/16/2021
Lacewell stip for entry of judgment 4 16 21
Order for judgment, 4/23/2021
| 04/23/2021 | 41 | JUDGMENT entered, pursuant to Rule 58, that plaintiff, in her capacity as Liquidator of Health Republic Insurance of New York, Corp., recover of and from the United States the amount of $438,368,502.32 on the First Cause of Action of the Complaint for risk corridors benefit years 2014 and 2015, and the United States shall recover of and from the plaintiff the amount of $217,529,918.99, encompassing amounts owed under the risk adjustment program, risk adjustment user fees, the start-up loan, the CSR program, and for associated accrued interest, to be paid through deduction from the amount owed to plaintiff upon submission of the judgment to the Judgment Fund, with the net amount payable to plaintiff being $220,838,583.33. The Second, Third, Fourth, Fifth and Sixth Causes of Action of the Complaint are dismissed with prejudice. (Service on parties made.) (dls) (Main Document 41 replaced on 4/23/2021 to correct a clerical error.) (dls) (Entered: 04/23/2021) |
HealthyCT v. USA, No. 17-1233 (Ct Fed Cl., filed 9/12/2017), reinsurance and risk corridor case
Stay ordered, 10/13/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/12/2018
Joint status report, 5/12/2020
Order for status report 6/29, 5/14/2020
Joint status report (7 13), 6/29/2020
HealthyCT joint status 6 29 20
| 06/29/2020 | ORDER: The parties, in their latest 15 Joint Status Report, have requested an additional fourteen (14) days, within which to file a stipulation, or a joint status report regarding the timing and nature of further proceedings in this matter. The parties’ request is granted. Joint Status Report due by 7/13/2020. Signed by Judge Matthew H. Solomson. (si) Service on parties made. (Entered: 06/29/2020) |
Stipulation for entry of judgment, 7/10/2020
Order for entry of judgment, 7/29/2020
Order for entry of judgment 7 29
Judgment, 7/29/2020
Montana HCO v. USA, No. 17-1298 (Ct Fed Cl., filed 9/20/2017), risk corridor 2016 case
Montana CHO motion for summary judgment, 11/8/2017
US motion for stay, 11/16/2017
Op to stay, 11/30/2017
Reply supporting stay, 12/6/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
2016 case joint status report 5 12 20
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
QCC Ins. Co. v. USA, No. 17-1312 (Ct Fed Cl., filed 9/22/2017), risk corridor case
Unopposed motion to stay, 10/20/2017
Joint status report and request for continuing stay, 6/26/2018
Continuing stay order, 6/26/2018
Motion to lift stay, 5/8/2020
Order lifting stay, 5/12/2020
First amended complaint and exhibits, 5/21/2020
Joint status report, 5/29/2020
QCC joint status report 5 29 20
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
QCC joint status report 6 26 20
Judgment, 7/2/2020
Harvard Pilgrim HC v. USA, No. 17-1350 (Ct Fed Cl., filed 9/27/2017), risk corridor 2016 case
Stay ordered, 9/29/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/28/2018
Consent motion to stay briefing, 1/22/2019
harvard pilgrim consent motion for stay
Joint status report, 7/12/2019
Harvard Pilgrim joint status 7 12 19
Continued stay order, 7/12/2019* (report w/in 30 days)
Joint status report, 5/27/2020
Status report order (for 7 7), 6/2/2020
Harvard Pilgrim status order 6 2
Stipulation for entry of judgment, 6/26/2020
Consolidation order, 7/6/2020
Judgment, 7/7/2020
Maine CHO v. USA, No. 17-1387 (Ct Fed Cl., filed 9/29/2017), risk corridor 2016 case
Stay order, 11/2/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/22/2020
Maine CHO 2 stip entry judgment
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
Sanford HP v. USA, No. 17-1432 (Ct Fed Cl., filed 10/4/2017), risk corridor 2016 case
Stay order, 11/2/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 8/6/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Sanford RC stip entry judgment
Order for entry of judgment, 7/28/2020
Judgment, 7/29/2020
L.A. Care Health Plan v. USA, No. 17-1542 (Ct Fed Cl., filed 10/16/2017), risk corridor case (also CSR case, see other page)
Amended complaint, 2/8/2018
Motion for partial summary judgment, 2/8/2018
US motion to stay, 2/26/2018
Pltf stay op, 3/1/2018
US stay reply, 3/5/2018
Stay order, 3/5/2018
Joint status report, 7/16/2018
Order lifting stay but continuing stay, 7/16/2018
Partial SJ memo, 9/19/2018
Joint status report, 5/12/2020
Order for status report by 6/12, 5/14/2020
order for status report by 6 12 5 14 20
Joint status report, 6/12/2020
L.A. Care risk corridor joint status 6 12 20
Order for partial judgment, 6/18/2020
54(b) judgment, 6/19/2020
Humana, Inc. v. USA, No. 17-1664 (Ct Fed Cl., filed 11/2/2017), risk corridor case
Govt motion to stay, 11/24/2017
Stay order, 11/27/2017
Plaintiff objection, 11/28/2017
Joint status report and request for continued stay, 6/27/2018
Joint status report, 5/12/2020
Joint status report (for 7 10), 6/26/2020
Humana joint status report 6 26 20
Order for further report or stipulation for judgment by 7 13, 6/29/2020
Stipulation for entry of judgment, 7/6/2020
Humana stip for entry of judgment
Order for entry of judgment, 7/7/2020
Judgment, 7/7/2020
Health Alliance Medical Plans v. USA, No. 17-1759 (Ct Fed Cl., filed 11/9/2017), risk corridor 2016 case
HAMP stay order, 11/17/2017
Joint status report and request for continuing stay, 6/27/2018
Joint status report and request
Continued stay order, 6/28/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Non-acceptance order, 6/30/2020
Stipulation for entry of judgment, 6/30/2020
Order for judgment, 7/2/2020
Judgment, 7/2/2020
Scott and White HP v. USA, No. 17-1850 (Ct Fed Cl.), filed 11/29/2017), risk corridor case
Scott and White unopposed motion to stay, 12/21/2017
Scott and White joint status report, 6/20/2018
Scott and White order continuing stay, 6/20/2018
Scheduling order (for 6 26), 5/29/2020
Scott and White scheduling order
Stipulation for entry of judgment, 6/26/2020
Scott and White stip entry judgment
Judgment, 7/2/2020
MDwise Marketplace, Inc. v. United States, No. 17-1958 (Ct Fed Cl., filed 12/15/2017), risk corridor case
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/26/2018
Joint status report, 5/12/2020
Order lifting stay (6 26), 6/5/2020
First amended complaint, 6/11/2020
MDWise first amended complaint risk corridor CSR
Joint status report (for 7 10), 6/26/2020
Stipulation for entry of partial judgment (risk corridor), 6/29/2020
stip for partial judgment (risk corridor)
Order for judgment, 7/1/2020
54(b) judgment, 7/2/2020
MDWise amended complaint, 3/16/2021
MDWise amended complaint 3 16 21
Order allowing amended complaint, 3/18/2021
MDWise order for amended complaint 3 18 21
Order for final judgment, 3/18/2021
MDWise order for final judgment 3 18 21
Sendero HP v. USA, No. 17-2048 (Ct Fed Cl.), filed 12/27/2017), risk corridor case
Order inquiring about stay, 1/25/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Joint status report, 7/11/2019
Continuing stay order, 7/11/2019* (report w/in 30 days)
sendero continuing stay 7 11 19
Motion for leave to amend complaint, 10/3/2019
Sendero HP motion to amend complaint
Order allowing amended complaint, 10/15/2019
Sendero HP order allowing amended complaint
First amended complaint, 10/16/2019
Sendero HP first amended complaint
Joint status report, 5/22/2020
Sendero HP joint status 5 22 20
Status report order (for 6 16), 6/2/2020
Scheduling order (for 6 26), 6/16/2020
Joint status report (for 7 10), 6/26/2020
Sendero HP joint status 6 26 20
Stipulation for partial judgment, 6/29/2020
Sendero HP stip for partial judgment
Order for partial judgment on risk corridor claims, 6/30/2020
Sendero HP order for partial judgment
54(b) judgment, 6/30/2020
Community Health Choice v. USA, No. 18-5 (Ct Fed Cl.), filed 1/2/2018), risk corridor case (for CSR case, see other page)
Joint status report, 7/16/2018
Scheduling order continuing risk corridor stay, 7/16/2018
scheduling order continuing risk corridor stay
Joint status report, 5/12/2020
Order, status report in 45 days, 5/14/2020
Stipulation for partial risk corridor judgment, 6/29/2020
Order for partial risk corridor judgment, 6/30/2020
partial judgment risk corridor
54(b) judgment, 6/30/2020
Oregon’s Health Co-Op v. USA, No. 18-94 (Ct Fed Cl., filed 1/19/2018), risk corridor case
Unopposed motion for stay, 1/30/2018
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/29/2018
Joint status report, 5/12/2020
Order lifting stay, status report 6 29 20, 5/13/2020
order lifting stay and status 45
Joint status report (7 13), 6/29/2020
Order for stipulation to be filed by 7 13, 7/6/2020
Stipulation for entry of judgment, 7/13/2020
Oregon H Co Op stip entry judgment
Order for entry of judgment, 7/14/2020
Oregon H Co Op order for entry of judgment
Judgment, 7/15/2020
First Priority v. USA, No. 18-96 (Ct Fed Cl., filed 1/19/2018), risk corridor case
Unopposed motion for stay filed and granted, 2/26/2018
Joint status report and request for continued stay, 6/27/2018
Joint status report and request
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Affinity Health Plan v. USA, No. 18-110 (Ct Fed Cl., filed 1/23/2018), risk corridor case
Unopposed motion for stay, 2/14/2018
Stay order, 2/14/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Order lifting stay and requiring status report by 6/29, 5/13/2020
Stipulation for entry of judgment, 6/29/2020
Final order, 6/30/2020
Judgment, 6/30/2020
Blue Cross Blue Shield of Vermont v. USA, No. 18-241 (Ct Fed Cl., filed 2/15/2018), risk corridor case
Joint motion to stay, 3/1/18
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 7/6/2020
Order for entry of judgment, 7/6/2020
BC BS VT order for entry of judgment
Judgment, 7/7/2020
Blue Cross Blue Shield of Arizona v. USA, No. 18-282 (Ct Fed Cl., filed 2/23/2018), risk corridor case
Unopposed motion for stay, 3/20/2018
Stay order, 3/22/2018
Joint status report and request for continued stay, 6/26/2018
Continued stay order, 6/27/2018
Unopposed motion to lift stay, 5/8/2020
Order lifting stay and status report 5/29, 5/13/2020
order lifting stay and status report 5 29
First amended complaint, including exhibits, 5/15/2020
BC BS AZ first amended complaint
Joint status report, 5/29/2020
BC BS AZ joint status report 5 29 20
Scheduling order (for 6 30), 5/29/2020
Stipulation for entry of judgment, 6/26/2020
Joint status report, 6/26/2020
BC BS AZ joint status report 6 26 20
Final order, 6/30/2020
Judgment, 6/30/2020
Molina Healthcare v. USA, No. 18-333 (Ct Fed. Cl., filed 3/5/2018), risk corridor 2016 case (also CSRs)
Complaint
Molina [CSR] motion for stay, filed 4/11/2018
Molina [CSR] partial stay op, filed 4/11/2018
Molina stay order, 4/12/2018
Joint status report and request for continued stay, 7/13/2018
Molina RC motion continued stay
Order for continuing stay, 7/13/2018
Molina 2 continued stay 7 13 18
Joint status report, 5/12/2020
Order, status report by 6/12, 5/13/2020
Joint status report, 6/12/2020
Stipulation for judgment, 6/17/2020
Order for judgment, 6/18/2020
54(b) judgment, 6/19/2020
Blue Cross Blue Shield of Nebraska v. USA, No. 18-491 (Ct Fed. Cl., filed 4/3/2018), risk corridor risk adjustment case
Unopposed motion to stay, 6/11/2018
Stay order, 6/12/2018
Joint status report, 7/16/2018
Joint status report and request to continue stay, 12/6/2018* (proposal for report w/in 30 days)
Continued stay request 12 6 18
Joint status report, 5/27/2020
BC BS NE status report 5 27 20
Scheduling order (45 days), 5/27/2020
Joint status report, 7/13/2020
BC BS NE joint status report 7 13 20
Order lifting stay, 7/14/2020
Stipulation for entry of judgment, 8/4/2020
Order for entry of judgment, 8/7/2020
Judgment, 8/7/2020
US motion to dismiss risk adjustment claim, 9/14/2020
BC BS NE US mo dism risk adjustment
Stipulation, 10/22/2020
Order for entry of judgment, 10/23/2020
Judgment, 10/23/2020
McLaren Health Plan v. USA, No. 18-608 (Ct Fed. Cl., filed 4/27/2018), risk corridor case
Unopposed motion to stay, 6/4/2018
Joint status report and request to continue stay, 6/27/2018
Continued stay order, 7/9/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Stipulation for final judgment, 6/30/2020
McLaren stip for final judgment
Order for final judgment, 10/21/2020
Judgment, 10/22/2020
Aetna Health (Florida) v. USA, No. 19-1338 (Ct Fed Cl., filed 8/30/19)
Complaint, 8/30/2019
Unopposed US motion to stay, 9/18/2019
Stay order, 9/19/2019
Joint status report, 5/27/2020
Aetna joint status report 5 27 20
Scheduling order (for 7 13), 5/29/2020
Joint status report, 8/13/2020
Aetna joint status report 8 13 20
Status report order (for 8 27), 8/13/2020
Aetna status report order 8 13 20
Joint status report, 8/27/2020
Aetna joint status report 8 27 20
Status report order (for 9 17), 9/2/2020
Aetna status report order 9 2 20
Stipulation for entry of judgment, 9/17/2020
Order for entry of judgment, 9/18/2020
Judgment, 9/21/2020
Blue Cross of California v. USA, No. 19-1770 (Ct Fed Cl., filed 11/18/19)
Complaint
BC Calif risk corridor complaint
Consent motion for stay, 12/2/2019
Order granting stay, 12/16/2019* (report w/in 30 days)
Joint status report, 5/27/2020
BC CA joint status report 5 27 20
Order, 5/28/2020 (to 6 26)
Stipulation for entry of judgment, 6/26/2020
Order for entry of judgment, 6/29/2020
BC Calif order for entry of judgment
Judgment, 6/29/2020
Independent Health Benefits Corp. v. USA, No. 20-163 (Ct Fed Cl., filed 2/18/20)
Complaint
Consent motion for stay, 3/4/2020
Stay order, 3/5/2020* (report w/in 20 days)
Joint status report, 5/18/2020
Order lifting stay (for 6 29), 5/19/2020
Stipulation for entry of judgment, 6/29/2020
Order for judgment, 6/30/2020
Judgment, 6/30/2020
HealthFirst PHSP v. USA, No. 20-179 (Ct Fed Cl., filed 2/20/2020)
Complaint
Consent motion to stay, 3/13/2020
Stay order, 3/16/2020
Joint status report, 5/27/2020
HealthFirst joint status report 5 27 20
Order lifting stay (for 6 26), 5/27/2020
Healthfirst stipulation for entry of judgment, and orders, 6/26/2020
Healthfirst stip entry judgment
Healthfirst order for judgment
Health Care Service Corp. v. USA, No. 20-259 (Ct Fed Cl., filed 3/9/20)
Complaint
Consent motion for stay, 3/26/2020
Stay order, 4/1/2020* (report w/in 20 days)
Joint status report, 5/18/2020
HCSC joint status report 5 18 20
Order lifting stay (for 6 29), 5/19/20
Stipulation of final judgment, 6/29/2020
Order for final judgment, 6/30/2020
Judgment, 6/30/2020
Cigna Health and Life Ins. Co. v. USA, No. 20-546 (Ct Fed Cl., filed 5/1/20), risk corridor and CSR case
Complaint
Cigna risk corridor and CSR complaint
Joint status report, 8/5/2020
Cigna risk corridor joint status 8 5 20
Status order, 8/5/2020
Stipulation for entry of partial judgment, 8/12/2020
Order for entry of judgment, 8/12/2020
Judgment, 8/14/2020
MVP Health v. USA, No. 20-757 (Ct Fed Cl., filed 6/23/20), risk corridor case
Complaint
MVP Health risk corridor complaint
Stipulation for entry of judgment, 8/12/2020
Order for entry of judgment, 8/13/2020
Judgment, 8/13/2020
Blue Cross Blue Shield of North Dakota v. USA, No. 20-846 (Ct Fed Cl.), filed 7/13/20), risk corridor case
Complaint
Stipulation for entry of final judgment, 9/1/2020
Order for final judgment, and judgment, 9/8/2020
Blue Cross Blue Shield of Wyoming v. USA, No. 20-892 (Ct Fed Cl., filed 7/23/20), risk corridor case
Complaint, with exhibits
BC BS WY risk corridor complaint
Stipulation for entry of judgment, 8/11/2020
Order for entry of judgment, 9/15/2020
Judgment, 9/16/2020
Health New England v. USA, No. 20-924 (Ct Fed Cl., filed 7/29/20), risk corridor 2016 case
Complaint
Health New England risk corridor 2016 complaint
Stipulation for entry of judgment, 9/25/2020
Health New England stip entry j
Order for entry of judgment, 9/29/2020
Judgment, 9/30/2020
Blue Care of Michigan v. USA, No. 20-1000 (Ct Fed Cl., filed 8/11/20), CSR and risk corridor case
First amended complaint, 8/26/2020
BC Network MI 1st amended complaint
Stipulation for entry of risk corridor judgment, 10/8/2020
BC Mich stip entry risk corridor j
Order for entry of risk corridor judgment, 10/12/2020
Risk corridor judgment, 10/13/2020
BC Mich 54 b risk corridor judgment
Blue Cross Blue Shield of South Carolina v. USA, No. 20-1014 (Ct Fed Cl., filed 8/14/20), risk corridor 2016 case
Complaint
BC BS SC 2016 risk corridor complaint
Stipulation for entry of judgment, 10/8/2020
Order for entry of judgment, 10/8/2020
Judgment, 10/8/2020
Medical Health Insuring Corp. of Ohio v. USA, No. 20-1377 (Ct Fed Cl., filed 10/13/20)
Complaint
Medical Health risk corridor complaint
Stipulation for entry of judgment, 11/9/2020
Medical Health risk corridor stip entry j
Order for entry of judgment, 11/10/2020
Medical Health risk corridor order for j
Judgment, 11/16/2020
Piedmont Community Healthcare v. USA, No. 20-1431 (Ct Fed Cl., filed 10/22/20)
Complaint
Piedmont CHC risk corridor complaint
Stipulation for entry of judgment, 12/14/2020
Order for entry of judgment, 12/14/2020
Judgment, 12/14/2020
Reinsurance case being litigated in the Court of Federal Claims
Farmer (Consumers’ Choice) v. U.S., No. 1:18-cv-1484 (Ct Fed Cl, filed 9/26/18)
Complaint
Farmer Consumers Choice reinsurance complaint
US motion to dismiss, 3/4/2019
Farmer Consumers Choice US motion to dismiss
Opposition to motion to dismiss, 4/15/2019
Farmer op to US motion to dismiss 4 15 19
US reply supporting motion to dismiss, 5/6/2019
Farmer US reply supporting mo to dismiss
Joint status report, 6/11/2020
Order, 6/12/2020
Stipulation for dismissal, 8/12/2020
Order of dismissal, and judgment, 8/13/2020
order of dismissal, and judgment
Risk adjustment/reinsurance netting case
Conway v. USA, No. 18-1623 (Ct Fed. Cl.), risk adjustment/reinsurance netting case
Complaint, 10/19/18
Plaintiff’s motion for summary judgment, 12/8/18
US summary judgment opposition/cross motion, 3/15/19
Plaintiff’s opposition/reply, 4/12/19
Conway pltf sj reply xmo response
US reply, 5/3/19
Opinion, 10/3/2019
Stipulation re judgment amount, 10/18/2019
Conway netting stip re judgment
Judgment, 10/21/2019
US notice of appeal, 12/19/2019
conway netting us notice of appeal
Federal Circuit # 20-1292
US opening brief, 4/27/2020-5/5/2020 (corrected)
FC Conway US opening brief (corrected)
Conway appellee brief, 6/8/2020
US reply brief, 7/17/2020
US additional authority (Health Republic), 11/20/2020
FC Conway US addl auth (Health Republic)
Conway response to US additional authority, 11/23/2020
FC Conway response to US addl auth
Federal Circuit decision, 5/17/2021
Unopposed US motion for extension to file rehearing, 6/9/2021
Order extending time to file for rehearing, 6/9/2021
Second request for extension of time to file for rehearing, 6/29/2021
Petition for panel rehearing, 8/2/2021
Order denying petition for panel rehearing, 8/20/2021
Stipulation for dismissal due to payment of judgment, 1/14/2022
Risk Adjustment: Minuteman Health (D. Mass.), New Mexico HC (2 cases: D. N.M.), UnitedHealthcare v. Vullo (S.D. N.Y.), and Vista Health (W.D. Tex.)
Minuteman Health v. U.S. DHHS, No. 1:16-cv-11570 (D. Mass.) (risk adjustment)
Complaint, July 29, 2016
Amended complaint, Jan. 12, 2017
Plaintiff’s summary judgment memo, April 6, 2017
Defendant’s opposition/cross motion, May 25, 2017
Plaintiff’s SJ reply XSJ op, July 20, 2017
Defendant’s SJ reply XSJ op, Sept. 14, 2017
Opinion, Jan. 30, 2018
New Mexico Health Connections v. U.S. D.H.H.S., No. 1:16-cv-878 (D. N.M.), and id., No. 1-18-cv-779 (D. N.M.) (risk adjustment)
Complaint, July 29, 2016
Amended complaint, Jan. 12, 2017
Answer to amended complaint, Feb. 23, 2017
NMHC summary judgment memo, April 13, 2017
US op/cross motion, June 1, 2017
NMHC reply/opposition, July 13, 2017
US reply, Aug. 17, 2017
NMHC supp authority, Sept. 18, 2017
US response to supp authority, Sept. 22, 2017
Opinion, Feb. 28, 2018
US motion to alter or amend judgment, March 28, 2018
NMHC motion to strike, April 23, 2018
NMHC op to motion to alter or amend, April 23, 2018
US op to motion to strike, May 7, 2018
US reply supporting motion to alter or amend, May 17, 2018
NM addl authority (Moda), June 15, 2018
US response to addl authority, June 20, 2018
Clerk’s notes from oral argument, June 21, 2018
CMS notice of progress re interim rule, etc., July 19, 2018
AHIP BCBSA amicus statement, July 19, 2018
US notice, July 25, 2018
NMHC opposition to BCBS amicus, August 1, 2018
NMHC response to US notice, August 1, 2018
US notice, August 8, 2018
NMHC response to US notice, August 13, 2018
NMHC second suit, 1:18-cv-773, filed August 13, 2018
NMHC second suit summary judgment memo, August 13, 2018
NMHC motion to consolidate, August 15, 2018
US notice re filing opposition, August 16, 2018
Withdrawal of consolidation motion, August 29, 2018
Joint motion to reassign, August 29, 2018
Notice of additional authority (Montana HCO CSR), September 6, 2018
Joint motion to stay second case, October 5, 2018
New Mexico HC 2 joint motion to stay
Order in first case denying reconsideration, October 19, 2018
New Mexico HC order denying recon
Joint status report in second case, November 2, 2018
nmhc 2 joint status report 11 2 18
Notice of appeal in first case, December 14, 2018
Tenth Circuit # 18-2186
Tenth Circuit US request for extension of time, December 26, 2018
Order for extension, December 26, 2018
Second case US unopposed request for extension of time, December 26, 2018
Order granting stay in second case, December 31, 2018
| 01/16/2019 | [10619511] Appellans motion request made via telephone due to the Government shutdown and lapse in appropriations by Mr. Alex M. Azar, II, Centers for Medicare and Medicaid Services, HHS and Ms. Seema Verma to extend time to file docketing statement and transcript order form until 02/22/2019. TEXT ONLY. Served on 01/16/2019. Manner of Service: fax. [18-2186] [Entered: 01/17/2019 08:38 AM] |
Order staying transcript, etc., January 17, 2019
Joint status report in second case re appropriations available again, January 28, 2019
Question to parties about appellate jurisdiction, February 15, 2019
10C Q to parties about jurisdiction
US appellant brief, March 19, 2019
US appellant brief resubmitted, March 22, 2019
10C NMHC corrected appellant brief
AHIP amicus, March 29, 2019
NMHC appellee brief, April 22, 2019
Second US request for extension of time for reply, April 25, 2019
Order setting reply deadline
| 04/25/2019 | [10643956] Order filed by Clerk of the Court granting IN PART Appellants’ motion to extend time to file apet reply brief. Appellant’s optional reply brief now due 06/03/2019 for United States Department of Health & Human Services, Seema Verma, Alex M. Azar II and Centers for Medicare and Medicaid Services. No further extensions of time will be granted on the clerk’s authority. Served on 04/25/2019. Text only entry – no attachment. [18-2186] [Entered: 04/25/2019 11:00 AM] |
US reply brief, June 3, 2019
NMHC additional authority (2018 report), July 11, 2019
Tenth Circuit opinion, December 31, 2019
Second case stipulation for dismissal, January 9, 2020
Final judgment in second case dismissing it with prejudice, January 31, 2020
CMS press release, July 7, 2018
CMS risk adjustment press release
CMS notice, July 24, 2018
Proposed risk adjustment rule for 2018 (first version)
UnitedHealthcare of New York v. Vullo, No. 1:17-cv-7694 (S.D. N.Y.) [now Lacewell]
Defendant’s motion to dismiss, December 15, 2017/January 24, 2018
Powell declaration supporting motion to dismiss, December 15, 2017/January 24, 2018
Opposition to motion to dismiss/memo supporting summary judgment, January 9, 2018
Defendants’ summary judgment opposition/motion to dismiss reply, February 16, 2018
Reply supporting plaintiffs’ motion for summary judgment, March 16, 2018
Order requesting US amicus filing, June 25, 2018
US request for extension of time, June 27, 2018, partially denied, July 2, 2018
Judgment, August 13, 2018
Oxford memo for injunction pending appeal, August 23, 2018
Oxford motion for expediting injunction pending appeal, August 23, 2018
Opposition to expediting, August 24, 2018
Reply supporting expediting, August 24, 2018
Order denying expediting, August 27, 2018
Second Circuit No. 18-2583
US opposition to injunction pending appeal, September 5, 2018
Reply supporting injunction pending appeal, September 10, 2018
Order denying injunction pending appeal (District Court), September 21, 2018
Second Circuit temporary injunction, October 10, 2018
Reply supporting injunction pending appeal, October 11, 2018
2C UnitedHealthCare v. Vullo pltf IPA reply
Order granting injunction pending appeal, November 19, 2018
UnitedH v. Vullo order granting injunction pending appeal
Appellants’ brief, December 10, 2018
2C UnitedHealthCare Oxford Health opening brief
Appellee’s brief, December 10, 2018
2C UnitedHealthCare Vullo appellee brief
Appellants’ reply brief, December 20, 2018
FC UnitedH v. Vullo appellant’s reply
Appellee’s reply brief, December 20, 2018
FC United H v. Vullo appellee’s reply
| 12/21/2018 | 93 | CASE CALENDARING, for argument on 02/08/2019, SET.[2461362] [18-2583] [Entered: 12/21/2018 12:23 PM] |
Second Circuit letter to CMS, February 19, 2019
Second Circuit cover letter to Solicitor General, February 19, 2019
2C Circuit cover letter to Solicitor General
US unopposed request for extension, March 4, 2019
2C UnitedHealth v. Vullo US mo xt amicus
US unopposed second request for extension, May 7, 2019
2C United H v. Vullo US addl xt mo
Order setting US response for August 2, May 8, 2019
2C United H. v. Vullo extension order
US amicus brief, August 2, 2019
Order directing responses to US amicus brief, August 7, 2019
2C order for responsive briefing
NY response to US brief, September 23, 2019
2C NY post argument letter brief
Oxford response to US brief, September 23, 2019
2C Oxford post argument letter brief
Second Circuit opinion, July 20, 2020
2C UnitedHealthcare Lacewell opinion
Vista Health Plan v. U.S. D.H.H.S., No. 1:18-cv-824 (W.D. Tex., Sept. 21, 2020), 2020 WL 6380206
Vista Health Plan Inc v United States Department of Health and Human Services-1
Opening brief, April 26, 2021
Response brief, July 26, 2021
5C Vista US response br 7 26 21
Reply brief, September 7, 2021
Vista Health Plan v. , No. 20-50963 (5th Cir., March 17, 2020)
Risk corridors and reinsurance cases stayed or settled at the Court of Federal Claims
Reinsurance (1341) case
Nancy G. Atkins, No. 17-1108 (Ct Fed Cl., filed 8/16/2017), Reinsurance 1341 case
Motion for summary judgment, stricken
Unopposed motion for extension of time to answer, 12/18/2017
Partial settlement, 3/5/2018
Atkins 1341 partial settlement
Other risk corridors, etc., cases in state or federal court
Dowling v. U.S. D.H.H.S., No. 1:17-cv-494 (N.D. Ill.), Memorandum and Order on reconsideration, July 2, 2018
Hammer v. U.S. D.H.H.S, No. 18-2583 (7th Cir.), opinion, Sept. 25, 2018
Risk corridors (1342), risk adjustment (1343), and reinsurance (1341)
Supreme Court proceedings in Moda, BC BS NC, Land of Lincoln, and Maine CHO
Risk corridors cases that went to the Supreme Court or were stayed pending Supreme Court rulings
Grey type indicates files that I have not uploaded onto the WordPress server.
Risk adjustment cases in federal court: Minuteman Health, New Mexico HC, UnitedHealthcare v. Vullo (now Lacewell), and Vista Health
Other cases, including the Fourth Circuit reinsurance tax refund case
The Supreme Court Risk Corridor Opinion
Maine Community Health Options v. United States, No. 18-1023 (U.S., April 27, 2020)
Lists of risk corridor (1342) cases in the Court of Federal Claims
A list of pending risk corridor cases, May 13, 2020
A list of pending risk corridor cases 5 13 20
A rolling list of pending risk corridor cases
a-list-of-pending-risk-corridor-cases-12-23-20
Supreme Court Briefing in Maine CHO (18-1023), Moda/Blue Cross Blue Shield of North Carolina (18-1028), and Land of Lincoln (18-1038); oral argument transcript, December 10, 2019
Maine CHO
Opening brief, August 30, 2019
AHIP amicus, September 6, 2019
20190906145517152_Nos 18-1023 18-1028 18-1038tsacAHIPpdfa
Wisconsin Physicians Service amicus, September 6, 2019
20190906111328383_WPS Amici Curiae Brief
NAIC amicus, September 6, 2019
20190906134843972_18-1023_18-1028_18-1038tsacNationalAssociationOfInsuranceCommissioners
Association for Community Affiliated Plans amicus, September 6, 2019
Highmark amicus, September 6, 2019
20190906153222882_Nos. 18-1023 18-1028 18-1038 Amicus Brief
Economists amicus, September 6, 2019
20190906160707274_18-1023 Amicus Brief
Blue Cross Blue Shield Ass’n amicus, September 6, 2019
20190906162616641_Amicus_Blue_Cross
U.S. Chamber of Commerce amicus, September 6, 2019
20190906172511564_2019.09.06 Chamber of Commerce Amicus in Moda Health – No. 18-1028
Oregon amicus, September 6, 2019
20190906180804163_Nos. 18-1023 18-1028 18-1038tsac24StatesAndTheDistrictOfColumbia
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 10, 2019. VIDED. |
US respondents’ brief, October 21, 2019
20191021193327456_18-1023bsUnitedStates
Americans for Prosperity amicus, October 25, 2019
20191025131606691_AFP Main Brief
Petitioners’ motion re division of argument time, October 25, 2019
20191025203834496_Filed Motion to Enlarge and Divide Argument
18-1023 ) MAINE COMMUNITY HEALTH OPTIONS V. UNITED STATES ) 18-1028 ) MODA HEALTH PLAN, INC. V. UNITED STATES ) 18-1038 ) LAND OF LINCOLN MUTUAL HEALTH V. UNITED STATES The motion of petitioners for enlargement of time for oral argument and for divided argument is denied.
Petitioners’ reply brief, November 19, 2019
Moda/BC BS NC
Opening brief, August 30, 2019
20190830143120987_18-1028 Brief for Petitioners
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Moda/BCBSNC reply brief, November 19, 2019
20191120125558779_2019-11-20 Moda Merits Reply FINAL
Land of Lincoln
Opening brief, August 30, 2019
20190830124053503_18-1023 ts Land of Lincoln
For amicus briefs, see Maine CHO
For respondent’s brief, see Maine CHO
Land of Lincoln reply brief, November 19, 2019
Oral argument, December 10, 2019
The cert paperwork: Moda, BC BS NC, Land of Lincoln, and Maine CHO
The cert petitions and cert briefing (note: for a full set of cert-stage amici filings, see Moda, No. 18-1028
Maine CHO cert petition, #18-1023, 2/4/2019
US second request for extension of time to respond, 3/29/2019
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 6/24/2019
Scheduling letter from petitioners, July 12, 2019
20190712143800533_2019-07-12 Moda letter re merits extension FINAL
Moda and BC BS NC cert petition, # 18-1028, 2/4/2019
20190204103044808_2019-02-04 Moda Petn FINAL
AHIP amicus, 3/8/2019
20190308130317204_18-1028 – AHIP Amicus Brief
Highmark amicus, 3/8/2019
20190308124410317_Risk Corridors SCT Amicus Br FINAL 3.8.19
18 States plus DC amicus, 3/8/2019
20190308140126641_Moda Health Final
Ass’n for Community Affiliated Plans amicus, 3/8/2019
20190308142252862_18-1028 Amicus Brief ACAP
NAIC amicus, 3/8/2019
20190308163438724_NAIC – Moda Cert Petition Amicus Brief 4850-5934-5545 v.5
Economists amicus, 3/8/2019
20190308173401539_18-1023 18-1028 and 18-1038 tsac Economists
Chamber of Commerce of US amicus, 3/8/2019
20190308174202859_2019.03.08 Chamber of Commerce of the United States Amicus ISO Petitioners
Blue Cross Blue Shield Ass’n amicus, 3/8/2019
20190308182354583_1 – Risk_Corridors_Amicus_ISO_Certiorari
US second request for extension of time to respond, 3/29/2019
20190329182803739_Extension letter 18-1028 2nd
Cert response
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190522145344810_18-1023.cert.rb
Cert granted, 7/24/2019
| Jul 17 2019 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ briefs on the merits is extended to and including August 30, 2019. The time to file respondent’s brief on the merits is extended to and including October 21, 2019. VIDED. |
Land of Lincoln cert petition, # 18-1038, 2/4/2019
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
US second request for extension of time to respond, 3/29/2019
20190329182844939_Extension letter 18-1038 2nd
Cert response
20190508160601592_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Cert reply
20190524093027350_Land of Lincoln Cert Reply 5-23-19
Cert granted, 6/24/2019
Risk corridor (1342) cases in the Court of Federal Claims
Cases, by ascending Court of Federal Claims file number:
Health Republic Insurance Co. v. U.S., No. 16-259 C (Ct. Fed. Cl., filed 2/24/2016), Risk Corridor class action
Class action complaint, 2/24/2016
Motion to dismiss, 6/24/2016
Opposition to motion to dismiss, 8/15/2016
Reply supporting motion to dismiss, 9/9/2016
Motion for class certification, 10/5/2016
Motion to appoint interim class counsel, 10/5/2016
motion to appoint interim class counsel
House motion for leave to file amicus, 10/13/2016
House proposed amicus brief, 10/13/2016
House amicus brief exhibit 1, 10/13/2016
Health Republic’s op to House as amicus, 10/17/2016
Stipulation re interim class counsel, 10/24/2016
Order re interim class counsel, 10/25/2016
Order denying House’s request, 11/7/2016
Oral argument scheduling request order, 11/10/2016
Oral argument scheduling order, 11/14/2016
Oral argument cancellation order, 12/6/2016
Gov’t’s class cert response, 12/23/2016
Gov’t’s unopposed mo for class cert order plus proposed order, 12/23/2016
Class certification order, 1/3/2017
Order largely denying motion to dismiss, 1/10/2017
Motion for approval of opt in notice, 1/23/2017
Answer, 1/27/2017
Order approving class notice, 3/1/2017
Plaintiff’s motion for summary judgment, 3/3/2017
Govt’s summary judgment opposition and cross-motion, 4/12/2017
Plaintiff’s SJ reply, 5/15/2017
Govt’s SJ reply, 6/2/2017
Health Republic class opt in cover, 6/12/2017
Class opt in list no objection, 6/12/2017
Class opt in list objections, 6/12/2017
Status report order, 6/16/2017
Stay order, 7/11/2017
Status report with class list, 8/10/2017
Joint status report and request for continued stay, 6/28/2018
Continued stay order, 6/29/2018
Order re additional class members, 3/12/2020
Order including addl class members
Joint status report, 5/12/2020
Scheduling and additional stay order (to 6/29), 5/14/2020
45 day stay and scheduling order
Motion to include additional class member, 6/23/2020
Health Republic addl class member 6 23 20
Order adding class member, 6/24/2020
Joint status report (7 13), 6/29/2020
Health Republic joint status 6 29 20
Scheduling order (7 10), 6/30/2020
Joint status report (7 17), 7/10/2020
Health Republic joint status 7 10 20
Scheduling order, 7/13/2020
Health Republic scheduling order
Joint motion to divide into subclasses and stipulation for judgment to non-dispute subclass, 7/17/2020
Health Republic joint mo divide and stip
Joint status report, 7/17/2020
Health Republic joint status 7 17 20
Order dividing classes and for entry of judgment, 7/23/2020
Health Republic division and entry order
54(b) judgment, 7/23/2020
Health Republic motion for attorney’s fees, with exhibits, 7/30/2020
US motion to amend answer, 8/3/2020
Health Republic US mo to amend answer
Class’s opposition to motion to amend answer, 8/13/2020
US reply supporting amending answer, 8/20/2020
Kaiser opposition to attorney’s fees request, 8/20/2020
Joint status report re Arches subclass, 8/21/2020
Joint status report re Arches subclass 8 21 20
Joint status order re Arches subclass, 8/24/2020
Health Republic Arches subclass order
Reply supporting attorney’s fees request, 9/3/2020
Joint status report re Arches subclass, 9/18/2020
Health Republic joint status 9 18 20
Arches subclass status order, 9/21/2020
Order allowing amended answer re setoffs, 9/30/2020
Order allowing amended answer for setoffs
Motion to disburse 95% to class, 10/15/2020
Health Republic mo disbursement funds
Disbursement order, 10/16/2020
Health Republic disbursement order
Arches subclass joint status report, 10/16/2020
Health Republic Arches joint status 10 16 20
Status report order, 10/19/2020
Health Republic status report order 10 19 20
Amended US answer asserting counterclaim (dispute subclass), 10/30/2020
Health Republic amended answer asserting counterclaim
Class motion to dismiss counterclaims, 11/20/2020
Health Republic dispute subclass mo dism counterclaim
Joint status report, 12/15/2020
Health Republic dispute joint status report 12 15 20
Status report order, 12/16/2020
Health Republic status order 12 16 20
US opposition to motion to dismiss counterclaims, 1/22/2021
Joint status report, 2/1/2021
Health Republic joint status report 2 1 21
Status report order, 2/2/2021
Health Republic status order 2 2 21
Reply to US opposition to dismissing counterclaims, 2/26/2021
HR dispute dismiss xclaims reply
Arches subclass joint status report, 3/19/2021
HR arches subclass status report 3 19 21
Arches subclass status report order, 3/19/2021
HR arches subclass order 3 19 21
Joint motion to separate out and resolve Freelancers claims, 4/13/2021
HR Freelancers motion to divide 4 13 21
Arches subclass joint status report, 5/3/2021
Health Republic joint status 5 3 21
Arches subclass status report order, 5/4/2021
Health Republic joint status order 5 4 21
Freelancers order, 6/1/2021
Freelancers 54(b) judgment, 6/3/2021
HR Freelancers 54 b judgment 6 3 21
Notice of supplemental authority (Conway), 6/7/2021
US response re Conway, 6/8/2021
Order re status reports, 6/11/2021
Stipulation to enter judgment for Arches subclass, 6/17/2021
HR Arches subclass stip for j 6 17 21
Order for judgment for Arches subclass, 6/24/2021
HR Arches subclass order for j 6 24
Motion for attorney’s fees for Freelancers subclass, 6/24/2021
HR Freelancers atty fee mo 6 24
Arches subclass 54(b) judgment, 6/28/2021
HR Arches subclass 54 b judgment 6 28
Request for disbursements to Freelancers and Arches, 8/6/2021
HR Freelancers Arches disbursements request
Order for disbursement, 8/12/2021
US response to Conway, 9/10/2021
Attorney’s fees opinion and orders, 9/16/2021
54(b) judgments, 9/17/2021
Objectors’ notice of appeal, 10/1/2021
Federal Circuit # 22-1018
Order setting oral argument for 1/28/22, 12/16/2021
Unopposed US motion to continue oral argument, 1/21/2022
Continuance order, 1/24/2022
Opening brief, 1/28/2022
Joint status report, 2/28/2022
Scheduling order for 4/27, 3/9/2022
Stipulation for entry of partial final judgment, 3/29/2022
Appellees’ brief, 3/31/2022
Order, 4/7/22
Joint status report, 4/14/22
Parties’ joint motion to divide subclass, 4/14/22
HR joint mo divide subclass 4 14 22
Plaintiffs’ supplemental brief on offsets, 5/18/2022
HR appellants’ reply brief, 5/26/2022
54(b) judgment for fees, 5/31/2022
US supplemental brief, 6/8/2022
HR response to US supplemental brief, 6/22/2022
HR response to Colorado Health motion to strike, 6/29/2022
Opinion re offsets, 8/19/2022
Motion for extension of time to answer counterclaim, 8/30/2022
| 08/31/2022 | ORDER granting 171 Motion for Extension of Time to Answer. Answer due by 10/3/2022. Signed by Judge Kathryn C. Davis. (tmr) Service on parties made. (Entered: 08/31/2022) |
Motion for extension of time to respond to counterclaim, September 30, 2022
| 09/30/2022 | ORDER granting 172 Motion for an Enlargement of Time to Respond to Defendants Counterclaim. Answer due two weeks following the Court’s decision on Plaintiff’s forthcoming Motion for Clarification. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 09/30/2022) |
Plaintiffs’ motion for clarification, October 7, 2022
Unopposed US motion for extension, October 20, 2022
HR US unop mo xt respond clarif 10 20 22
| 10/20/2022 | ORDER granting 174 Unopposed MOTION for Extension of Time to File Response as to 173 MOTION for Clarification . Response to Motion for Clarification due by 11/4/2022. Signed by Judge Kathryn C. Davis. (apkt) Service on parties made. (Entered: 10/20/2022) |
US clarification opposition, November 4, 2022
Plaintiffs’ clarification reply, November 14, 2022
| 12/05/2022 | 50 | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Taranto, Circuit Judge and Chen, Circuit Judge. Arguing counsel: Mohammad Keshavarzi for Appellants Kaiser Foundation Health Plan Inc., Kaiser Foundation Health Plan of Georgia, et al. and Derek L. Shaffer for Health Republic Insurance Company and Common Ground Healthcare Cooperative. Oral Argument Audio available here. [888381] [MJL] [Entered: 12/05/2022 04:09 PM] |
Clarification order, December 7, 2022
Health Republic fees opinion, January 31, 2023
22-1018.OPINION.1-31-2023_2072615
Health Republic motion for status conference, March 13, 2023
Order for status conference, March 20, 2023
HR CG order for status c 3 20 23
Colorado Health Insurance Cooperative answer to US counterclaim, March 20, 2023
HR Colo HIC answer to US counterclaim 3 20 23
Post status conference order, March 22, 2023
HR post status conf order 3 22
Joint status report, April 4, 2023
HR CG joint status report 4 4 23
=====
First Priority/Highmark v. U.S., No. 16-587 C (Ct. Fed. Cl., filed 5/17/2016), Risk Corridor case
Complaint, 5/17/2016
Motion to dismiss, 9/16/2016
Penn. motion for leave to file amicus, 10/14/2016
Penn. proposed amicus brief, 10/14/2016
Response to motion to dismiss, 10/14/2016
Gov’t response to amicus request, 10/31/2016
Plaintiff’s sur-reply, 11/10/2016
US response to Penn. amicus brief, 11/17/2016
Plaintiff’s reply to response to Penn. amicus brief, 11/23/2016
Additional authority notices and responses
Pltf resp to def addl auth (Land of Lincoln)
Order requesting supplemental briefing, 3/24/2017
Plaintiffs’ supplemental brief, 4/7/2017
US supplemental brief, 4/7/2017
Plaintiffs’ second supplemental brief, 5/12/2017
US second supplemental brief, 5/12/2017
Plaintiffs’ third supplemental brief, 9/8/2017
US third supplemental brief, 9/8/2017
Stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Stay order, 7/11/2018
Joint status report, 5/12/2020
MODA v. U.S., No. 16-649 C (Ct. Fed. Cl., filed 6/1/2016)
Complaint, 6/1/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss and cross motion for summary judgment, 10/25/2016
US motion for stay, 11/16/2016
MODA op to US motion for stay, 11/22/2016
Order denying stay, 11/28/2016
US response to cross motion, reply supporting motion to dismiss, 12/9/2016
Plaintiff reply in support of cross motion, 12/23/2016
Order setting oral argument, 1/3/2017
Opinion, 2/9/2017
Joint status report re unpaid amounts, 3/1/2017
Order to clerk to enter judgment, 3/2/2017
Judgment, 3/6/2017
Appeal file # 17-1994
Moda motion to have Land of Lincoln panel handle its case, 5/11/2017
Govt op to Moda same panel motion, 5/12/2017
Moda Govt motion for stay, 5/12/2017
Moda same panel reply, 5/15/2017
Moda Moda op to govt mo for stay, 5/17/2017
Moda govt stay reply, 5/18/2017
Order assigning same panel and denying stay, 5/30/2017
US opening brief, 7/10/2017
House amicus brief, 7/17/2017
Moda appellee brief, 8/21/2017
Ass’n Community Affiliated Plans amicus, 8/28/2017
BC BS Ass’n amicus, 8/28/2017
Health Republic amicus, 8/28/2017
NAIC amicus, 8/28/2017
Oregon and other states amicus, 8/28/30/2017
US reply brief, 9/19/2017
Supp authority re 2016 calculations, 12/4/2017
Oral argument2017-1994.mp3
Moda supp authority re 2019 budget, 2/16/2018
US supp authority response, 2/20/2018
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension and consolidation, 8/6/2018
AHIP motion to file amicus, 8/10/2018
Ass’n for Community Affiliated Plans motion to file amicus, 8/13/2018
NAIC amicus motion, 8/14/2018
Oregon amicus motion, 8/14/2018
Oregon amicus, 8/20/2018
BC BS A amicus, 8/13/2018
NAIC amicus, 8/20/2018
Ass’n for Community Affiliated Plans amicus, 8/20/2018
US response, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition, 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
Cert response (in all 4 cases), 5/8/2019
20190508160508998_18-1023 18-1028 18-1038 – Maine Cmty et al. – Opp
Federal Circuit order (7 5), 6/5/2020
FC Moda order for briefing 6 5 2020
Stipulation for remand, 6/26/2020
Federal Circuit remand, 6/30/2020
Amended complaint, 7/2/2020
Stipulation for entry of judgment, 7/2/2020
Order for entry of judgment, 7/3/2020
Judgment, 7/7/2020
Blue Cross and Blue Shield of NC v. U.S., No. 16-651 C (Ct. Fed. Cl., filed 6/2/2016), Risk Corridor case
Complaint, 6/2/2016
Motion to dismiss, 9/30/2016
Opposition to motion to dismiss, 10/31/2016
op to motion to dismiss bc bs nc
Reply supporting motion to dismiss, 11/22/2016
Sur-reply opposing motion to dismiss, 12/6/2016
Order for supplemental briefing, 2/13/2017
Plaintiff’s supplemental brief, 3/3/2017
Govt’s supplemental brief, 3/3/2017
Plaintiff’s reply supplemental brief, 3/17/2017
Govt’s reply supplemental brief, 3/17/2017
Scheduling order, 3/24/2017
Opinion, 4/18/2017
Notice of appeal, 6/9/2017
Appeal file # 17-2154
BCBSNC opening brief, 8/21/2017
Appellee brief, 11/1/2017
Reply brief, 11/29/2017
Request for oral argument, 2/9/2018
Opposition to request for oral argument, 2/12/2018
US same panel motion, 3/23/18
Same panel order, 3/28/18
FC stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
BC BS NC response, 6/27/2018
Consent motion for entry of judgment, 7/6/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/31/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Cert petition (together with Moda), 2/4/2019
# 18-1028
20190204103044808_2019-02-04 Moda Petn FINAL
For cert response, see Moda
Federal Circuit order for further briefing (7 5), 6/5/2020
FC BC BS NC order for briefing 6 5 2020
Federal Circuit remand, 6/24/2020
Order for status report (7 6) and hearing (7 21), 6/24/2020
Joint status report, 7/6/2020
Scheduling order, 7/7/2020
Amended complaint, with exhibits, 7/8/2020
Stipulation for entry of judgment, 7/20/2020
Order for entry of judgment, 7/21/2020
BC BS NC order for entry of judgment
Judgment, 7/22/2020
Land of Lincoln Mutual Health Insurance Co. v. USA, No. 16-744 (Ct. Fed. Cl., filed 6/23/2016), Risk Corridor case
Complaint, 6/23/2016
Govt motion to dismiss, 9/23/2016
Pltf motion for judgment on administrative record, 9/23/2016
MODA/Health Republic mo for leave to file amicus plus proposed brief, 10/5/2016
Pltf agreement to amicus, 10/6/2016
Govt opposition to amicus, 10/6/2016
Order denying amicus, 10/7/2016
Pltf op to Govt mo to dismiss, 10/14/2016
Govt op to pltf mo for judgment on admin record, 10/14/2016
Govt mo to strike, 10/14/2016
Pltf op to govt mo to strike, 10/17/2016
Govt reply supporting motion to strike, 10/17/2016
Amended scheduling order/denial of motion to strike, 10/18/2016
Govt reply in support of motion to dismiss, 10/19/2016
Pltf reply in support of motion for judgment on administrative record, 10/19/2016
Govt op to pltf motion for judgment, 10/25/2016
Pltf reply in support of motion for judgment, 11/2/2016
Order dismissing case, 11/10/2016
Appeal # 17-1224
Order denying mo to expedite appeal, 11/23/2016
Appellant’s brief, 1/31/2017
AHIP amicus brief, 2/7/2017
Avera MODA amicus brief, corrected version, 2/9/2017
BC BS SC amicus brief, 2/7/2017
Health Republic amicus brief, 2/7/2017
Highmark amicus brief, 2/7/2017
State health co-ops amicus brief, 2/7/2017
ACHP amicus brief, corrected version, 2/13/2017
US appellee’s brief, 4/25/2017
House motion for leave to file amicus, 5/1/2017
Scheduling order, 5/2/2017
scheduling order re house amicus brief leave request
Plaintiff op to House motion for leave to file amicus, 5/8/2017
House pro-amicus reply, 5/11/2017
LOL Moda same panel motion, 5/12/2017
LOL Moda same panel Govt op, 5/12/2017
LOL Moda same panel reply, 5/16/2017
Insurers addl amicus motion, 5/18/2017
Govt addl amicus opposition, 5/18/2017
Insurers addl amicus reply, 5/18/2017
NA state health coops amicus mo, 5/19/2017
US state health coops amicus op, 5/22/2017
Land of Lincoln reply, 5/23/2017
Land of Lincoln House amicus order, 5/30/2017
Land of Lincoln House amicus brief, approved 5/30/2017
Land of Lincoln Moda same panel order, 5/30/2017
Land of Lincoln supplemental authority 2016 calculations, 12/4/2017
Land of Lincoln supplemental authority notice 2019 budget, 2/16/2018
Land of Lincoln supplemental authority response, 2/20/2018
FC LOL budget addl auth US response
Federal Circuit opinion, 6/14/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
US request for extension and consolidated response, 8/6/2018
AHIP motion to file amicus, 8/10/2018
CommonGround motion to file amicus, 8/13/2018
Bundorf motion to file amicus, 8/13/2018
Bundorf amicus, 8/14/2018
Health Republic amicus, 8/14/2018
AHIP amicus, 8/20/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Petition for certiorari, 2/4/2019
#18-1038
20190204183026940_Land of Lincoln Mutual Health Ins. Co. Petition
For response, see Moda
Federal Circuit order for briefing (7 5), 6/5/2020
FC Land of Lincoln order for briefing 6 5 2020
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/27/2020
Order for entry of judgment, 6/29/2020
Judgment, 6/30/2020
Maine CHO v. USA, No. 16-967 (Ct. Fed. Cl., filed 8/9/2016), Risk Corridor case
Govt motion for stay, 10/31/2016
Maine CHO motion for summary judgment, 11/3/2016
Maine CHO op to Govt motion for stay, 11/11/2016
Maine CHO motion for status conference, 11/17/2016
Order denying motion for status conference, 11/18/2016
order denying mo for status conf
Order denying mo for stay, 12/2/2016
Motion to dismiss and summary judgment op, 1/13/2017
Summary judgment reply and mo to dism op, 1/20/2017
Govt mo dism reply, 2/6/2017
Order partially denying dismissal and setting supp briefing, 3/9/2017
Govt supp brief, 3/31/2017
Maine CHO supp brief, 3/31/2017
Govt reply supp brief, 4/10/2017
Maine CHO reply supp brief, 4/10/2017
Maine CHO opinion, 7/31/2017
Notice of appeal, 8/2/2017
Appeal file # 17-2395
Opening brief, 10/6/2017
Appellees’ brief, 12/6/2017
Appellants’ reply brief, 12/22/2017
Oral argument2017-1224.mp3
Appellant’s supplemental authority, 3/16/18
US response to supplemental authority, 3/20/18
US same panel motion, 3/23/18
Same panel order, 3/28/18
Stay order, 3/30/18
Clerk’s order requesting briefing, 6/18/2018
Consent request for entry of judgment, 6/29/2018
Judgment, etc., 7/9/2018
Petition for rehearing en banc, 7/30/2018
Order, 8/3, for response, 8/17
Unopposed motion for extension, 8/6/2018
US response in the 4 cases, 8/31/2018
Rehearing en banc denial, 11/6/2018
Maine CHO petition for certiorari, 2/4/2019
# 18-1023
For response, see Moda
Maine CHO reply
20190522145344810_18-1023.cert.rb-1
Federal Circuit order for briefing (7 5), 6/5/2020
FC Maine CHO order for briefing 6 5 20
Remand order, 6/18/2020
Stipulation for entry of judgment, 6/22/2020
Order for entry of judgment, 7/28/2020
Maine CHO order for entry of judgment
Judgment, 7/29/2020
New Mexico Health Connections v. USA, No. 16-1199 (Ct. Fed. Cl., filed 9/26/16), Risk Corridor case
Complaint, 9/26/2016
Unopposed motion to stay, 10/24/2016
Stayed until 14 days after Land of Lincoln
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 6/27/2018
Joint status report, 5/12/2020
Order lifting stay, next status report 6 26, 5/12/2020
First amended complaint, 6/12/2020
NMHC risk corridor amended complaint
Joint status report, 6/26/2020
Stay order (7 10), 6/26/2020
Stipulation for entry of judgment, order for judgment, judgment, all 6/30/2020
BCBSM v. USA, No. 16-1253 (Ct. Fed. Cl., filed 10/3/2016), Risk Corridor case
Complaint, 10/3/2016
Joint mo for stay, 12/1/2016
Stayed
Joint status report and request, 7/24/2018
Stay order, 7/25/2018* (report w/in 30 days)
Joint status report, 5/27/2020
Amended complaint, 5/28/2020
Order for entry of judgment, 6/25/2020
Judgment, 7/2/2020
BC Idaho HS v. USA, No. 16-1384 (Ct. Fed. Cl., filed 10/24/2016), Risk Corridor case
Unopposed motion for stay filed, 11/22 and 11/23/2016
Order denying motion to stay, 12/2/2016
Govt mo to dismiss, 3/1/2017
Unopposed mo to stay filed, 3/7/2017
Stay ordered, 3/8/2017
Stay extension request, 6/27/2018
Order continuing stay, 6/27/2018
Order for further status report, 5/12/2020
Joint status report, 5/29/2020
BC ID joint status report 5 29 20
Status report order (for 6 29), 6/3/2020
Stipulation for entry of judgment, 6/29/2020
Judgment, 7/2/2020
Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case
Stay ordered, 11/7
Joint status report continuing stay request, 6/27/2018
Continuing stay order, 6/27/2018
Joint status report, 7/11/2019
Order continuing stay, 7/11/2019* (report w/in 30 days)
Joint status report, 5/27/2020 (to 6 26 or 6 29)
Status report order (for 7 9), 6/2/2020
Stay (to 7 24), 7/9/2020
Stipulation for entry of judgment, 7/22/2020
Minuteman Health stip for entry of judgment
Order for entry of judgment, 7/23/2020
Judgment, 7/23/2020
Montana Health Co-Op, No. 16-1427 (Ct. Fed. Cl., filed 10/28/2016), Risk Corridor case
Montana motion for summary judgment, 11/15/2016
Government motion for stay, 11/17/2016
Montana opposition to motion for stay, 11/18/2016
Order denying stay, 12/14/2016
Plaintiff’s supplemental brief, 2/23/2017
Government’s supplemental brief, 2/23/2017
Plaintiff’s second supplemental brief, 5/12/2017
Government’s second supplemental brief, 5/12/2017
Plaintiff’s third supplemental brief, 9/8/2017
Government’s third supplemental brief, 9/8/2017
Montana HCO stay order, 12/21/2017
Joint status report and request for continued stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report, 5/12/2020
Stipulation for entry of judgment, 6/26/2020
Montana HCO RC stip entry judgment
Consolidation and entry order, 6/29/2020
Judgment, 6/29/2020
Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed stay, 12/14/2016
Continued stay order, 9/4/2018
Status report, 9/19/2018
Stay order, 9/24/2018
Alliant order extending stay 9 24 18
Joint status report, 7/2/2019
Alliant joint status report 7 2 19
Order extending stay, 7/2/2019
Alliant order extending stay 7 2 19
Joint status report, 9/19/19
Order extending stay, 9/24/19* (report w/in 30 days)
Joint status report, 5/27/20 (to 7 10)
Order, for 7/10, 5/28/20
Alliant amended complaint, 7/9/2020
Alliant stipulation for entry of judgment, 7/9/2020
Alliant stip for entry of judgment
Order for entry of judgment, 7/13/2020
Alliant order for entry of judgment
Order for entry of judgment, 7/14/2020
Alliant order for entry of judgment 7 14 20
Judgment, 7/14/2020
BC BS South Carolina v. USA, No. 16-1501 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case
Unopposed motion for stay, 12/28/2016
Stayed
Voluntary dismissal due to opting in to Health Republic, 5/30/2017
Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case
Stay granted 1/30/17 and 5/4/17, pending Land of Lincoln
Joint status report, 6/25/2018
Stay order, 6/26/2018
Joint status report, 5/12/2020
Order for next status report 6 26, 5/12/2020
Joint status report, 6/26/2020
Continued stay order (7 27), 6/26/2020
Joint status report 7/27/2020
Status report order (to 8 26), 7/28/2020
Joint status report, 8/26/2020
Order continuing stay (to 9 25), 8/26/2020
Joint status report, 9/25/2020
Neighborhood HP joint status 9 25 20
Order continuing stay (to 10 26), 9/29/2020
Joint status report, 10/26/2020
Neighborhood HP joint status 10 26 20
Stay order (15 days), 11/2/2020
Neighborhood HP status order 11 2 20
Stipulation for entry of judgment, 11/9/2020
Order for entry of judgment, 11/16/2020
Judgment, 11/16/2020
Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case
Request for stay, 3/1/2017
Order denying stay, 3/2/2017
US motion for stay, 6/22/2017
Health Net op to stay, 7/10/2017
US stay reply, 7/12/2017
Additional stay authority, 7/18/2017
60 day stay order, 10/23/2017
Joint status report to continue stay, 11/28/2017
Joint status report to continue stay, 6/27/2018
Continued stay order, 7/11/2018
Joint status report 5/12/2020
Motion for leave to file amended complaint, with amended complaint, 5/27/2020
Joint status report, 5/29/2020
Health Net joint status report 5 29
Health Net status order (6 29), 6/3/2020
Health Net joint status order 6 3 20
Health Net amended complaint, 6/3/2020
Health Net joint status report (7 13), 6/29/2020
Health Net joint status report 6 29 20
Status report order (7 13), 7/1/2020
Joint status report, 7/13/2020
HealthNet joint status 7 13 20
Status report order (for 7 20), 7/17/2020
HealthNet status order 7 17 20
Joint status report, 7/20/2020
Health Net joint status report 7 20 20
Status report order (7 27), 7/21/2020
Stipulation for entry of judgment, 7/27/2020
Order for entry of judgment, 7/28/2020
Order for entry of judgment 7 28
Judgment, 7/29/2020
HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case
Joint status report, 2/16/2017
Order denying stay, 2/21/2017
Amended complaint, 3/8/2017
HPHC motion for partial summary judgment, 3/8/2017
Gov’t motion to dismiss and partial summary judgment op, 4/13/2017
HPHC partial summary judgment reply/cross motion opposition, 4/28/2017
Gov’t reply supporting mo to dismiss, 5/15/2017
Stay order, 7/11/2017
J