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


Schedule

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


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


Exhibits

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



Exhibits
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


Exhibits
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



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





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



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



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



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


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



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


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



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


Health Net, Inc. v. USA, No. 16-1722 (Ct. Fed. Cl., filed 12/30/2016), Risk Corridor case


HPHC Insurance v. USA, No. 17-87 (Ct. Fed. Cl., filed 1/18/2017), Risk Corridor case

Joint ststus report, 2/16/2017


Medica Health Plans v. USA, No. 17-94 (Ct. Fed. Cl., filed 1/23/2017), Risk Corridor case


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



Also:

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

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


Also,

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