House of Representatives v. Burwell, No. 1:14-cv-1967 (D. D.C.)


November 2, 2015 Answer due

December 2, 2015 Summary judgment motions due

January 15, 2016 Summary judgment oppositions due

February 5, 2016 Summary judgment replies due

October 24, 2016 Appellants' brief due

October 31, 2016 Amicus briefs supporting appellants due

January 6, 2017 Responses to intervention motion due

January 11, 2017 Reply supporting intervention due

February 21, 2017 Motions for further proceedings due

May 22, 2017 Status reports due

Relevant Pleadings

Complaint, 11/21/2014

Letter to Burwell

Letter from Burwell

12(b) motion, 1/26/2015

Minute order, 2/9/2015

Opposition to 12(b) motion, 2/27/2015

CRS memo

West Virginia et al motion for leave to file amicus brief, 3/6/2015

West Virginia et al amicus brief, 3/6/2015

Request for XT to file 12(b) reply, 3/6/2015

Op to XT to file 12(b) reply, 3/9/2015

12(b) reply, 3/31/2015

Plaintiff's erratum, 4/6/2015

Plaintiff's request for oral argument, 4/13/2015

Plaintiff's notice of additional authority (IG report), 5/6/2015

Oral argument transcript, 5/28/2015

Post-argument minute order, 6/1/2015

Parties' joint submissions of documents and timeline, 6/15/2015

(Attachments: # 1 Exhibit 1A,

2 Exhibit 1B,

3 Exhibit 2,

4 Exhibit 3,

5 Exhibit 4,

6 Exhibit 5,

7 Exhibit 6,

8 Exhibit 7,

9 Exhibit 8,

10 Exhibit 9,

11 Exhibit 10,

12 Exhibit 11,

13 Exhibit 12A,

14 Exhibit 12B,

15 Exhibit A,

  1. 16 Exhibit B,

  1. 17 Exhibit C,

  1. 18 Exhibit D,

  1. 19 Exhibit E,

  1. 20 Exhibit F,

  1. 21 Exhibit G,

  1. 22 Exhibit H,

  1. 23 Exhibit I,

  1. 24 Exhibit J,

  1. 25 Exhibit K,

  1. 26 Exhibit L,

  1. 27 Exhibit M,

  1. 28 Exhibit N)

Second post-argument minute order, 6/16/2015

House's additional authority notice (Arizona), 6/30/2015

House's supplemental brief, 7/1/2015

Government's supplemental brief, 7/1/2015

House's supplemental reply brief, 7/17/2015

Government's supplemental reply brief, 7/17/2015

Government's response to additional authority (Arizona), 7/17/2015

Plaintiff's motion to strike Gov't's response to additional authority (Arizona), 7/20/2015

Government's opposition to motion to strike, 7/29/2015

Plaintiff's reply supporting motion to strike, 8/5/2015

Opinion on motion to dismiss, 9/9/2015

Order, 9/9/2015

Plaintiff's notice re briefing schedule, 9/21/2015

Government's motion for 1292(b) certification, 9/21/2015

Government's motion for stay of briefing schedule, 9/21/2015

Plaintiff's "notice of intent to respond," 9/22/2015

Plaintiff's opposition to motion for stay, 9/23/2015

Government's proposed briefing schedule, 9/23/2015

Plaintiff's 1292(b) certification opposition, 10/5/2015

Government's 1292(b) certification reply, 10/15/2015

Order denying 1292(b) certification, 10/19/2015

Answer, 11/2/2015

Plaintiff's summary judgment memo, 12/2/2015

Plaintiff's summary judgment exhibits, 12/2/2015

EX. A Joint HHS OIG/TIGTA Report: Review of the Accounting Structure Used for the Administration of Premium Tax Credits (March 31, 2015)

EX. B CMS March Marketplace Payment Processing Cycle: Enrollment & Payment Data Reporting and Restatement (Feb. 12, 2014)

EX. C C. Stephen Redhead, Cong. Research Serv., R42051, Budget Control Act: Potential Impact of Sequestration on Health Reform Spending (2013)

EX. D Office of Management & Budget (“OMB”), Fiscal Year 2014 Budget of the U.S. Government (Apr. 10, 2013)

EX. E HHS, Fiscal Year 2014, CMS, Justification of Estimates for Appropriations Committees (April 10, 2014)

EX. F OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2014 and OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2014, Corrected Version (May 20, 2013)

EX. G S. Rep. No. 113-71 (2013)

EX. H Mem. from Cong. Research Serv. to Sen. Tom Coburn (July 29, 2013)

EX. I U.S. Gov’t Accountability Off., B-325630, Department of Health and Human Services – Risk Corridors Program (Sept. 30, 2014)

EX. J OMB SF 133 Reports on Budget Execution and Budgetary Resources (Dep’t of the Treasury) (Dec. 1, 2014)

EX. K OMB, Fiscal Year 2016 Budget of the U.S. Government (Feb. 2, 2015)

EX. L OMB, Fiscal Year 2015 Budget of the U.S. Government (Mar. 4, 2014)

EX. M Letter from Senators Ted Cruz and Michael S. Lee, to Sylvia M. Burwell, Dir. OMB (May 16, 2014)

EX. N OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2015 (Mar. 10, 2014)

EX. O Letter from Sylvia M. Burwell, Dir., OMB to Senators Ted Cruz and Michael S. Lee (May 21, 2014)

EX. P Chart of Tax Credit Forms

Plaintiff's proposed summary judgment order, 12/2/2015

Government's summary judgment memo, 12/2/2015

Government's summary judgment exhibits, 12/2/2015
Exhibit 1: Elmendorf statement (2009)

Exhibit 2: CBO premiums analysis (11/30/09)

Exhibit 3: CMS Marketplace Payment Processing (2013)

Exhibit 4: ASPE Issue Brief: Consequences (12/1/15)

Exhibit 5: House Budget Process (2015)

Exhibit 6: Elmendorf to Pelosi (3/20/10)

Exhibit 7: CBO Glossary (2012)

Exhibit 8: Herszenhorn NYT (3/19/10)

Exhibit 9: GAO Principles (2004)

Exhibit 10: Comptroller General Decision (1961)

Exhibit 11: OLC Opinion (1990)

Exhibit 12: OLC Opinion (2013)

Exhibit 13: FY 14 Budget Resolution Excerpts

Government's proposed summary judgment order, 12/2/2015

Members' motion for leave to file amicus brief, 12/8/2015

Members' amicus brief (proposed), 12/8/2015

Plaintiff's opposition to Members' motion, 12/8/2015

Scholars' motion for leave to file amicus brief, 12/8/2015

Scholars' amicus brief (proposed), 12/8/2015

Plaintiff's opposition to Scholars' motion, 12/9/2015

Joint scheduling proposal, 12/14/2015

Order partially granting leave to file Members' amicus brief, 12/16/2015

Government's response to summary judgment motion, 1/15/2016


Exhibit 14 -- GAO, Principles

Exhibit 15 -- CMS FAQs

Exhibit 16 -- Seeking PPACA Answers

Exhibit 17 -- CBO Budget and Economic Outlook 2013-23

Exhibit 18 -- CBO Estimate 2/13

Exhibit 19 -- CBO Budget and Economic Outlook 2014-24

Exhibit 20 -- CBO Updated Estimates 4/14

Exhibit 21 -- CBO Budget and Economic Outlook 2015-25

Exhibit 22 -- CBO Repeal Estimate

Exhibit 23 -- Upton to Burwell

Exhibit 24 -- Burwell to Upton

Exhibit 25 -- GAO Risk Corridors

Plaintiff's response to summary judgment motion, 1/15/2016

Exhibit Q – IRS 8962 Instructions

Exhibit R – CMS Cost Sharing Risk Corridors

Exhibit S – CCIIO Cost Sharing Reductions Reconciliation

Exhibit T – IRS Form 8962

Exhibit U – Senate Budget Tax Expenditures

Exhibit V – CMS Cost-Sharing Reductions Advance Payments power point

Exhibit W – CMS Timing memo, 2/15

Exhibit X – CBO letter to Lewis

Plaintiff's reply supporting its summary judgment motion, 2/5/2016

Exhibit Y -- "Selected Differences" chart

Exhibit Z -- Tavenner testimony, 8/1/13

Exhibit AA -- Sebelius testimony, 4/24/13

Exhibit BB -- Burwell testimony, 2/26/15

Exhibit CC -- letter from Upton and Ryan to Burwell, 2/3/15

Defendants' reply supporting their summary judgment motion, 2/5/16

Exhibit 26 -- Urban Institute study, 1/16

Exhibit 27 -- Excerpts from Principles of Federal Appropriations Law

Defendants' request for oral argument, 2/5/16

Plaintiff's notice of additional information, 2/16/16

Opinion, 5/12/2016

Order, 5/12/2016

Notice of appeal, 7/6/2016

Appellants' statement of issues on appeal, 8/15/2016

Scheduling order, 9/13/2016

Appellants' opening brief, 10/24/2016

Members of Congress amicus, 10/31/2016

AHIP BCBSA amicus, 10/31/2016

American Hospital Assn amicus, 10/31/2016

Families USA amicus, 10/31/2016

Economic and Health Policy Scholars amicus, 10/31/2016

Dellinger Eskridge Strauss amicus, 10/31/2016

Unopposed motion to extend briefing schedule, 11/1/2016

House motion to hold appeal in abeyance, 11/21/2016

Government opposition to holding appeal in abeyance, 11/23/2016

House reply supporting abeyance, 11/28/2016

Abeyance order, 12/5/2016

Patton Parker motion to intervene and affidavits, 12/20/2016

Federal response to motion to intervene, 12/23/2016

House notice re motion to intervene, 12/23/2016

Patton Parker emergency motion partly to lift abeyance, 12/27/2016

House op to lifting abeyance, 12/28/2016

Patton Parker reply supporting partly lifting abeyance, 12/28/2016

D.C. Circuit order directing responses, 12/29/2016

US op to mo to intervene, 1/6/2017

House op to motion to intervene, 1/6/2017

Patton Parker reply supporting intervention, 1/11/2017

Order denying Patton Parker intervention, 1/12/2017

Parties' joint motion to continue abeyance, 2/21/2017

Continued abeyance order, 3/2/2017

Cost-sharing reductions materials -- not filed in House v. Price

Letter from Democratic Senators to President Trump, April 3, 2017

Letter from Democratic Senators to A.G. Sessions, April 4, 2017

Industry letter to Congressional leadership, April 12, 2017

Industry letter to President Trump, April 12, 2017

Court of Federal Claims materials

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

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

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

Order requesting supplemental briefing, 3/24/2017

Plaintiffs' supplemental brief, 4/7/2017

US supplemental brief, 4/7/2017

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

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

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

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

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

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 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

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

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

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

Minuteman Health, Inc. v. USA, No. 16-1418 (Ct. Fed. Cl., filed 10/27/2016), Risk Corridor case

Stay ordered, 11/7

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

Alliant Health Plans v. USA, No. 16-1491 (Ct. Fed. Cl., filed 11/14/2016), Risk Corridor case

Unopposed stay, 12/14/2016

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

Neighborhood Health Plan v. USA, No. 16-1659 (Ct. Fed. Cl., filed 12/19/2016), Risk Corridor case

Stay granted 1/30/17

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

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

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

Blue Cross Blue Shield of Kansas City v. USA, No. 17-95 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case

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

Blue Cross and Blue Shield of Alabama v. USA, No. 17-347 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case

Bluecross Blueshield of Tennessee v. USA, No. 17-348 (Ct. Fed. Cl., filed 3/14/2017), Risk Corridor case

Sanford Health Plan v. USA, No. 17-347 (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


Gerhart/CoOpportunity v. US DHHS, No. 4:16-cv-151 (S.D. Iowa, filed 5/3/2016), No. 16-3477 (8th Cir.)

Complaint, 5/3/2016

PI motion, 6/10/2016

PI op, 6/21/2016

PI reply, 6/24/2016

Order denying PI, 8/12/2016

Appellant's opening brief, 10/18/2016

Appellees' brief, 11/17/2016

Appellant's reply brief, 12/12/2016

District court order dismissing case, 3/16/2017

Circuit order dismissing appeal, 3/28/2017


Evergreen Health Cooperative v. US DHHS, No. 1:16-cv-20139 (D. Md., filed 6/13/2016)

Complaint, 6/13/2016

PI ms, 6/30/2016

TRO mo, 7/8/2016

Order denying motions, 7/21/2016

Voluntary dismissal order entered 2/2/2017


Batsche v. Burwell, No. 0-15-cv-53 (D. Minn., filed 1/9/2015), No. 16-4305 (8th Cir.)

Complaint, 1/9/2015

Order dismissing case for lack of subject-matter jurisdiction, 9/26/2016

Appellants' opening brief, 1/18/2017


Richardson v. U.S. DHHS, No. 2-17-cv-775 (D. Nev., filed 3/16/2017)

Complaint, 3/16/2017