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TYPE-C

U.S. District Court


District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:08-cv-01715-RMC

HALL et al v. LEAVITT et al Date Filed: 10/09/2008


Assigned to: Judge Rosemary M. Collyer Jury Demand: None
Case: 1:10-cv-00499-RMC Nature of Suit: 151 Contract: Recovery
Cause: 42:2651 Medical Care Recovery Medicare
Jurisdiction: U.S. Government
Defendant
Plaintiff
BRIA0 HALL represented by Frank M. 0ortham
WEBSTER, CHAMBERLAIN &
BEAN
1747 Pennsylvania Avenue, NW
Suite 1000
Washington, DC 20006
(202) 785-9500
Fax: (202) 835-0243
Email: fnortham@wc-b.com
LEAD ATTOR EY
ATTOR EY TO BE OTICED

Kent Masterson Brown


LAW OFFICES OF KENT
MASTERSON BROWN
P.O. Box 1208
315 North Broadway
Lexington, KY 40588
(859) 455-9330
Fax: (859) 455-9430
PRO HAC VICE
ATTOR EY TO BE OTICED
Plaintiff
LEWIS RA0DALL represented by Frank M. 0ortham
TERMI ATED: 09/29/2009 (See above for address)
LEAD ATTOR EY
ATTOR EY TO BE OTICED
Plaintiff
0ORMA0 ROGERS represented by Frank M. 0ortham
TERMI ATED: 09/29/2009 (See above for address)
LEAD ATTOR EY
ATTOR EY TO BE OTICED

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Plaintiff
JOH0 J. KRAUS represented by Frank M. 0ortham
(See above for address)
LEAD ATTOR EY
ATTOR EY TO BE OTICED
Plaintiff
RICHARD K. ARMEY represented by Frank M. 0ortham
(See above for address)
LEAD ATTOR EY
ATTOR EY TO BE OTICED

V.
Defendant
MICHAEL LEAVITT represented by Christopher Blake Harwood
Secretary of the United States U.S. ATTORNEY'S OFFICE
Department of Health and Human 555 Fourth Street, NW
Services Suite 4220
Washington, DC 20530
(202) 307-0372
Email: christopher.harwood@usdoj.gov

TERMI ATED: 12/11/2008


LEAD ATTOR EY

Peter Bryce
US DEPARTMENT OF JUSTICE
20 Massachusetts Avenue, NW
Washington, DC 20530
(202) 616-8335
Fax: (202) 616-8470
Email: peter.bryce@usdoj.gov
LEAD ATTOR EY

Brian G. Kennedy
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION, FEDERAL
PROGRAMS BRANCH
20 Massachusetts Avenue, NW
Room 6104
Washington, DC 20001
(202) 514-3357
Fax: (202) 616-8460
Email: brian.kennedy@usdoj.gov
Defendant
MICHAEL J. ASTRUE represented by Christopher Blake Harwood
Commissioner of the Social Security (See above for address)

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Administration TERMI ATED: 12/11/2008


LEAD ATTOR EY

Peter Bryce
(See above for address)
LEAD ATTOR EY
ATTOR EY TO BE OTICED

Brian G. Kennedy
(See above for address)
ATTOR EY TO BE OTICED

Date Filed # Docket Text


10/09/2008 1 COMPLAINT against MICHAEL LEAVITT, MICHAEL J. ASTRUE ( Filing
fee $ 350, receipt number 4616015547) filed by BRIAN HALL, LEWIS
RANDALL, NORMAN ROGERS. (Attachments: # 1 Civil Cover Sheet)(jf, )
(Entered: 10/10/2008)
10/09/2008 SUMMONS (4) Issued as to MICHAEL LEAVITT, MICHAEL J. ASTRUE,
U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 10/10/2008)
11/14/2008 2 NOTICE of Appearance by Christopher Blake Harwood on behalf of
MICHAEL LEAVITT, MICHAEL J. ASTRUE (Harwood, Christopher)
(Entered: 11/14/2008)
12/11/2008 3 NOTICE OF SUBSTITUTION OF COUNSEL by Peter Bryce on behalf of
MICHAEL LEAVITT, MICHAEL J. ASTRUE Substituting for attorney
Christopher B. Harwood (Bryce, Peter) (Entered: 12/11/2008)
12/15/2008 4 AMENDED COMPLAINT against MICHAEL LEAVITT, MICHAEL J.
ASTRUE filed by JOHN J. KRAUS, RICHARD K. ARMEY, BRIAN HALL,
LEWIS RANDALL, NORMAN ROGERS.(nmw, ) (Entered: 12/15/2008)
12/22/2008 5 Unopposed MOTION for Extension of Time to File Answer Or Otherwise
Respond To Plaintiffs' Amended Complaint by MICHAEL LEAVITT,
MICHAEL J. ASTRUE (Attachments: # 1 Text of Proposed Order)(Bryce,
Peter) (Entered: 12/22/2008)
12/23/2008 MINUTE ORDER granting 5 Defendants' Unopposed Motion for Extension of
Time to Answer or Otherwise Respond to Plaintiffs' Amended Complaint. It is
hereby ORDERED that, for good cause shown, 5 Defendants' Unopposed
Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs'
Amended Complaint is GRANTED; and it is further ORDERED that
Defendant shall answer or otherwise respond to the Amended Complaint no
later than February 17, 2009. Further extensions for either party will require
the requesting party to show good cause. Signed by Judge Rosemary M.
Collyer on 12/23/08. (lcrmc1) (Entered: 12/23/2008)
01/06/2009 6 MOTION for Temporary Restraining Order by BRIAN HALL (Attachments: #
1 Declaration of Brian Hall, # 2 Declaration of Gabrielle Kotoski, # 3 Text of
Proposed Order of Temporary Restraining Order)(Northam, Frank) (Entered:

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01/06/2009)
01/06/2009 7 MOTION for Preliminary Injunction by BRIAN HALL (Attachments: # 1
Declaration of Brian Hall, # 2 Declaration of Gabrielle Kotoski, # 3 Text of
Proposed Order for Preliminary Injunction)(Northam, Frank) (Entered:
01/06/2009)
01/08/2009 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kent Masterson
Brown, :Firm- Law Offices of Kent Masterson Brown, :Address- P.O. Box
1208, 315 N. Broadway, Lexington, KY 40588. Phone No. - 859-455-9330.
Fax No. - 859-455-9430 by BRIAN HALL (Attachments: # 1 Declaration of
Kent Masterson Brown, # 2 Text of Proposed Order for Leave for KMB to
appear pro hac vice)(Northam, Frank) (Entered: 01/08/2009)
01/08/2009 MINUTE ORDER. It is hereby ORDERED that a motion hearing on 6 Plaintiff
Brian Hall's Motion for a Temporary Restraining Order is set for January 16,
2009 at 2:30 p.m. Signed by Judge Rosemary M. Collyer on 1/8/09. (lcrmc1)
(Entered: 01/08/2009)
01/08/2009 MINUTE ORDER granting 8 Unopposed Motion for Leave for Kent
Masterson Brown to Appear and Participate Pro Hac Vice as Counsel for
Plaintiffs. Signed by Judge Rosemary M. Collyer on 1/8/09. (lcrmc1) (Entered:
01/08/2009)
01/09/2009 Set/Reset Hearings: Hearing on Motion for TRO set for 1/16/2009 02:30 PM in
Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 01/12/2009)
01/16/2009 9 Memorandum in opposition to re 6 MOTION for Temporary Restraining Order
filed by MICHAEL LEAVITT, MICHAEL J. ASTRUE. (Attachments: # 1
Exhibit A, # 2 Declaration of Craig Streett)(Bryce, Peter) (Entered:
01/16/2009)
01/16/2009 Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion
Hearing held on 1/16/2009 re 6 Motion for Temporary Restraining Order.
Motion heard and taken under advisement. (Court Reporter: Crystal Pilgrim)
(cdw) (Entered: 01/21/2009)
01/28/2009 10 ENTERED IN ERROR......."MEMORANDUM OPINION. Signed by Judge
Rosemary M. Collyer on 1/28/09. (lcrmc1)." (Entered: 01/28/2009)
01/28/2009 11 ENTERED IN ERROR.......ORDER denying 6 Plaintiff Brian Hall's Motion
for a Temporary Restraining Order. It is further ORDERED that a status
conference be set by the Deputy Clerk of the Court. See attached Order for
further details. Signed by Judge Rosemary M. Collyer on 1/28/09. (lcrmc1)
(Entered: 01/28/2009)
02/04/2009 NOTICE of Hearing: A Status Conference is set for 2/18/2009 at 11:00 AM in
Courtroom 2, Prettyman Building, 2nd Floor, before Judge Rosemary M.
Collyer. (cdw) (Entered: 02/04/2009)
02/17/2009 12 MOTION to Dismiss Amended Complaint by MICHAEL LEAVITT,
MICHAEL J. ASTRUE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit
A, # 3 Declaration of Craig Streett)(Bryce, Peter) (Entered: 02/17/2009)

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02/18/2009 MINUTE ORDER. In accordance with the parties' agreement at the status
conference held on February 18, 2009, the briefing schedule on Defendants'
motion to dismiss 12 is as follows: Plaintiffs shall file a response/cross
dispositive motion no later than March 18, 2009, which brief shall be no more
than 60 pages; Defendants shall file a reply no later than April 20, 2009. In the
event that Defendants' motion to dismiss 12 is denied, Defendants shall file a
response to any cross motion filed by Plaintiffs no later than 30 days after an
order denying the motion to dismiss is filed, and Plaintiffs shall file a reply no
later than 30 days after such response is filed. Oral argument on 12 Defendants'
motion to dismiss is hereby set for May 22, 2009 at 11:15 a.m. Signed by
Judge Rosemary M. Collyer on 2/18/09. (KD) (Entered: 02/18/2009)
02/18/2009 Set/Reset Deadlines/Hearings: Plaintiff's Cross Motion due by 3/18/2009.
Plaintiff's Response to Dispositive Motions due by 3/18/2009. Reply to
Dispositive Motions due by 4/20/2009. Motion Hearing set for 5/22/2009
11:15 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered:
02/19/2009)
02/18/2009 Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status
Conference held on 2/18/2009. (Court Reporter: Bowles Reporting Service)
(cdw) (Entered: 02/19/2009)
02/25/2009 NOTICE OF CORRECTED DOCKET ENTRY: Docket 10 was entered in
error. Document contained errors and will be refiled. (lcrmc1) (Entered:
02/25/2009)
02/25/2009 13 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on
2/25/09. (lcrmc1) (Entered: 02/25/2009)
02/25/2009 NOTICE OF CORRECTED DOCKET ENTRY: Docket 11 was entered in
error. Document contains errors and will be refiled. (lcrmc1) (Entered:
02/25/2009)
02/25/2009 14 ORDER denying 6 Plaintiff Brian Hall's Motion for a Temporary Restraining
Order. It is further ORDERED that a status conference be set by the Deputy
Clerk of the Court. See attached Order for further details. Signed by Judge
Rosemary M. Collyer on 2/25/09. (lcrmc1) (Entered: 02/25/2009)
03/18/2009 15 MOTION for Summary Judgment and Opposition to Defendants' Motion to
Dismiss by BRIAN HALL, JOHN J. KRAUS, RICHARD K. ARMEY,
LEWIS RANDALL, NORMAN ROGERS (Attachments: # 1 Statement of
Facts, # 2 Memorandum in Support of Summary Judgment and in Opposition
to Motion to Dismiss, # 3 Declaration of of David A. Nelson with exhibits A-
D, # 4 Declaration of Gabrielle M. Kotoski, # 5 Declaration of Plaintiff, Brian
Hall, # 6 Declaration of Plaintiff, John Kraus with exhibits 1-9, # 7 Declaration
of Plaintiff, Lewis E. Randall, # 8 Declaration of Plaintiff, Norman Rogers, # 9
Declaration of Plaintiff, Richard K. Armey, # 10 Text of Proposed Order for
Summary Judgment in Favor of Plaintiffs, # 11 Text of Proposed Order
Denying Motion to Dismiss)(Northam, Frank) (Entered: 03/18/2009)
03/18/2009 16 Memorandum in opposition to re 12 MOTION to Dismiss Amended Complaint
filed by BRIAN HALL, JOHN J. KRAUS, RICHARD K. ARMEY, LEWIS
RANDALL, NORMAN ROGERS. (See Docket Entry 15 to view document).

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(nmw, ) (Entered: 03/19/2009)


03/19/2009 17 NOTICE of Erratum and Substitute Attachment to Pleading by BRIAN HALL,
JOHN J. KRAUS, RICHARD K. ARMEY, LEWIS RANDALL, NORMAN
ROGERS re 15 MOTION for Summary Judgment and Opposition to
Defendants' Motion to Dismiss (Attachments: # 1 Declaration of David A.
Nelson - CORRECTED)(Northam, Frank) (Entered: 03/19/2009)
04/20/2009 18 REPLY to opposition to motion re 12 MOTION to Dismiss Amended
Complaint filed by MICHAEL LEAVITT, MICHAEL J. ASTRUE.
(Attachments: # 1 Declaration of Janice Garvey)(Bryce, Peter) (Entered:
04/20/2009)
05/19/2009 19 ENTERED IN ERROR.....ORDER. Pursuant to the telephone conference held
May 15, 2009, Defendant shall produce to Plaintiff all relevant emails no later
than May 29, 2009. See attached order for further details. Signed by Judge
Rosemary M. Collyer on 5/19/09. (lcrmc1) Modified on 5/19/2009 (rdj).
(Entered: 05/19/2009)
05/19/2009 NOTICE OF CORRECTED DOCKET ENTRY: re 19 Order, was entered in
error Pursuant to Chambers and said pleading was refiled in the proper case.
(rdj) (Entered: 05/19/2009)
05/22/2009 VACATED PURSUANT TO MINUTE ORDER FILED 05/26/09.....Minute
Entry for proceedings held before Judge Rosemary M. Collyer: Motion
Hearing held on 5/22/2009 re 15 Motion for Summary Judgment 12 Motion to
Dismiss Amended Complaint. Motions heard and taken under advisement.
(Court Reporter: Crystal Pilgrim) (cdw) Modified on 5/27/2009 (rdj). (Entered:
05/22/2009)
05/26/2009 MINUTE ORDER vacating May 22, 2009 Minute Order due to clerical error.
Motion hearing held on 5/22/09 re 12 Defendants' motion to dismiss amended
complaint. Motion heard and taken under advisement. Hearing was not held on
15 motion for summary judgment. Signed by Judge Rosemary M. Collyer on
5/26/09. (KD) (Entered: 05/26/2009)
07/30/2009 20 ORDER denying 7 Plaintiff Brian Hall's Motion for Preliminary Injunction.
See attached Order for details. Signed by Judge Rosemary M. Collyer on
7/30/09. (lcrmc1) (Entered: 07/30/2009)
09/29/2009 21 MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on
9/29/09. (lcrmc1) (Entered: 09/29/2009)
09/29/2009 22 ORDER granting in part and denying in part 12 Defendants' Motion to
Dismiss. Plaintiffs Lewis Randall and Norman Rogers are DISMISSED from
this case. Plaintiffs Brian Hall, John J. Kraus, and Richard K. Armey remain.
In light of this decision, Defendants shall file an opposition to 15 Plaintiffs'
motion for summary judgment no later than October 30, 2009. See
accompanying Memorandum Opinion for further details. Signed by Judge
Rosemary M. Collyer on 9/29/09. (lcrmc1) (Entered: 09/29/2009)
10/09/2009 23 Consent MOTION for Extension of Time to File Answer by MICHAEL
LEAVITT, MICHAEL J. ASTRUE (Attachments: # 1 Text of Proposed Order)

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(Bryce, Peter) (Entered: 10/09/2009)


10/14/2009 MINUTE ORDER granting 23 Consent Motion for Extension of Time. It is
hereby ORDERED that Defendants shall file an answer to the Complaint no
later than October 28, 2009. Signed by Judge Rosemary M. Collyer on
10/14/09. (lcrmc1) (Entered: 10/14/2009)
10/14/2009 Set/Reset Deadlines: Answer to complaint due by 10/28/2009. (cdw) (Entered:
10/19/2009)
10/28/2009 24 TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held
on May 22, 2009; Page Numbers: 1-52. Date of Issuance:10/6/09. Court
Reporter Email Address : crystal_pilgrim@dcd.uscourts.gov.

For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased
from the court reporter.

0OTICE RE REDACTIO0 OF TRA0SCRIPTS: The parties have twenty-


one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.

(Pilgrim, Crystal) (Entered: 10/28/2009)


10/28/2009 25 TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held
on January 16, 2009; Page Numbers: 1-65. Date of Issuance:March 23, 2009.
Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number Crystal
Pilgrim, Court Reporter Email Address : crystal_pilgrim@dcd.uscourts.gov.

For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased
from the court reporter.

0OTICE RE REDACTIO0 OF TRA0SCRIPTS: The parties have twenty-


one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.

Redaction Request due 11/18/2009. Redacted Transcript Deadline set for


11/30/2009. Release of Transcript Restriction set for 1/26/2010.(Pilgrim,
Crystal) (Entered: 10/28/2009)

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10/28/2009 26 ANSWER to 4 Amended Complaint by MICHAEL LEAVITT, MICHAEL J.


ASTRUE. Related document: 4 Amended Complaint filed by RICHARD K.
ARMEY, NORMAN ROGERS, LEWIS RANDALL, BRIAN HALL, JOHN J.
KRAUS.(Bryce, Peter) (Entered: 10/28/2009)
10/30/2009 27 STRICKEN PURSUANT TO MINUTE ORDER FILED
11/03/09.....MOTION for Reconsideration , Or in the Alternative, for
Discovery Pursuant to Rule 56(f) by MICHAEL LEAVITT, MICHAEL J.
ASTRUE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A (Certified
Records), # 3 Exhibit B (Bryce Declaration), # 4 Exhibit C (Speighton
Declaration))(Bryce, Peter) Modified on 11/5/2009 (rdj). (Entered:
10/30/2009)
11/02/2009 28 ERRATA and Attached Substitute Filing by MICHAEL LEAVITT,
MICHAEL J. ASTRUE 27 MOTION for Reconsideration , Or in the
Alternative, for Discovery Pursuant to Rule 56(f) MOTION for
Reconsideration , Or in the Alternative, for Discovery Pursuant to Rule 56(f)
filed by MICHAEL J. ASTRUE, MICHAEL LEAVITT. (Attachments: # 1
Errata (Substituted and Corrected Motion))(Bryce, Peter) (Entered:
11/02/2009)
11/03/2009 MINUTE ORDER striking 27 Defendants' Motion for Reconsideration and
substituting for it the Motion attached to 28 Errata. Signed by Judge Rosemary
M. Collyer on 11/3/09. (lcrmc1) (Entered: 11/03/2009)
11/03/2009 30 MOTION for Reconsideration, Or in the Alternative, MOTION for Discovery
Pursuant to Rule 56(f) by MICHAEL LEAVITT, MICHAEL J. ASTRUE
(Attachments: # 1 Exhibit A (Certified Records), # 2 Exhibit B (Bryce
Declaration), # 3 Exhibit C (Speighton Declaration), # 4 Text of Proposed
Order)(rdj) (Entered: 11/05/2009)
11/04/2009 29 NOTICE of Appearance by Brian G. Kennedy on behalf of MICHAEL
LEAVITT, MICHAEL J. ASTRUE (Kennedy, Brian) (Entered: 11/04/2009)
11/10/2009 31 Joint MOTION for Order Setting a Briefing Schedule by BRIAN HALL,
JOHN J. KRAUS, RICHARD K. ARMEY (Attachments: # 1 Text of Proposed
Order Setting a Briefing Schedule)(Northam, Frank) (Entered: 11/10/2009)
11/12/2009 MINUTE ORDER granting 31 Joint Motion for Briefing Schedule. It is hereby
ORDERED that Plaintiffs shall file a response to Defendants' Motion for
Reconsideration or for Discovery no later than December 4, 2009, and
Defendants shall file any replies re their motion, as well as any responses to
other filings by Plaintiffs, no later than January 8, 2010. Signed by Judge
Rosemary M. Collyer on 11/12/09. (lcrmc1) (Entered: 11/12/2009)
11/12/2009 Set/Reset Deadlines/Hearings: Plaintff's response due by 12/4/2009.
Defendant's reply due by 1/8/2010. (cdw) (Entered: 11/16/2009)
11/17/2009 32 TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held
on 2/18/2009; Page Numbers: 1-9. Court Reporter/Transcriber Bowles
Reporting Service, Telephone number (860) 464-1083,

For the first 90 days after this filing date, the transcript may be viewed at the

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courthouse at a public terminal or purchased from the court reporter referenced


above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased
from the court reporter.

0OTICE RE REDACTIO0 OF TRA0SCRIPTS: The parties have twenty-


one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.

Redaction Request due 12/8/2009. Redacted Transcript Deadline set for


12/18/2009. Release of Transcript Restriction set for 2/15/2010.(znmw, )
(Entered: 11/18/2009)
12/04/2009 33 MOTION for Leave to File an Amended and Supplemental Complaint by
RICHARD K. ARMEY, BRIAN HALL, JOHN J. KRAUS, LEWIS
RANDALL, NORMAN ROGERS (Attachments: # 1 Amended and
Supplemental Complaint, # 2 Memorandum in Support for Leave to File
Amended and Supplemental Complaint, # 3 Attachment to Memo in Support
for Leave to File Amended and Supplemental Complaint, # 4 Text of Proposed
Order Granting Leave)(Northam, Frank) (Entered: 12/04/2009)
12/04/2009 34 Memorandum in opposition to re 30 MOTION for Reconsideration MOTION
for Discovery filed by RICHARD K. ARMEY, BRIAN HALL, JOHN J.
KRAUS, LEWIS RANDALL, NORMAN ROGERS. (Attachments: # 1 Text
of Proposed Order Denying Consideration)(Northam, Frank) Modified on
12/7/2009 to correct event used (rdj). (Entered: 12/04/2009)
01/04/2010 35 Joint MOTION for Extension of Time to Submit Briefing by MICHAEL J.
ASTRUE, MICHAEL LEAVITT (Attachments: # 1 Text of Proposed Order)
(Bryce, Peter) (Entered: 01/04/2010)
01/07/2010 MINUTE ORDER granting 35 Joint Motion for Extension of Time. It is
hereby ORDERED that Defendants shall file their opposition to Plaintiff's
motion for leave to amend the complaint and any reply to their motion for
reconsideration no later than January 22, 2010; and Plaintiffs shall file any
reply to their motion for leave to amend the complaint no later than February 5,
2010. Signed by Judge Rosemary M. Collyer on 1/7/10. (lcrmc1) (Entered:
01/07/2010)
01/07/2010 MINUTE ORDER denying 15 Plaintiffs' Motion for Summary Judgment.
Plaintiffs' Motion for Summary Judgment is hereby DENIED WITHOUT
PREJUDICE pending resolution of 30 Defendants' Motion for
Reconsideration. Signed by Judge Rosemary M. Collyer on 1/7/10. (lcrmc1)
(Entered: 01/07/2010)
01/22/2010 36 REPLY to opposition to motion re 30 MOTION for Reconsideration MOTION
for Discovery filed by MICHAEL J. ASTRUE, MICHAEL LEAVITT.
(Attachments: # 1 Declaration Janice Garvey, # 2 Declaration Craig Streett)
(Bryce, Peter) (Entered: 01/22/2010)

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01/22/2010 37 Memorandum in opposition to re 33 MOTION for Leave to File an Amended


and Supplemental Complaint (Response) filed by MICHAEL J. ASTRUE,
MICHAEL LEAVITT. (Bryce, Peter) (Entered: 01/22/2010)
03/24/2010 38 MINUTE ORDER denying 30 Defendants' Motion for Reconsideration. See
attached Order for further details. The Court will address the issue of discovery
at a later time. The Deputy Clerk is directed to set this matter for a scheduling
conference. Signed by Judge Rosemary M. Collyer on 3/24/10. (lcrmc1)
(Entered: 03/24/2010)
04/02/2010 NOTICE of Hearing: A Status Conference is set for 4/9/2010 at 2:15 PM in
Courtroom 2, Prettyman Building, 2nd Floor, before Judge Rosemary M.
Collyer. (cdw) (Entered: 04/02/2010)
04/09/2010 Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status
Conference held on 4/9/2010. (Court Reporter: Crystal Pilgrim) (cdw)
(Entered: 04/12/2010)
05/03/2010 39 MOTION for Summary Judgment by RICHARD K. ARMEY, BRIAN HALL,
JOHN J. KRAUS (Attachments: # 1 Memorandum in Support of Plaintiffs'
Motion for Summary Judgment, # 2 Statement of Facts as to Which There is
No Genuine Issue, # 3 Declaration of Richard K. Armey, # 4 Declaration of
Brian Hall, # 5 Declaration of John Kraus, # 6 Text of Proposed Order for
Summary Judgment)(Northam, Frank) (Entered: 05/03/2010)
05/20/2010 40 TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held
on 04/09/10; Page Numbers: 1-36. Date of Issuance:4/23/10. Court
Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127,
Court Reporter Email Address : crystal_pilgrim@dcd.uscourts.gov.

For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, CD or ASCII) may be purchased
from the court reporter.

0OTICE RE REDACTIO0 OF TRA0SCRIPTS: The parties have twenty-


one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at ww.dcd.uscourts.gov.

Redaction Request due 6/10/2010. Redacted Transcript Deadline set for


6/21/2010. Release of Transcript Restriction set for 8/18/2010.(Pilgrim,
Crystal) (Entered: 05/20/2010)

PACER Service Center


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