Case details

Court: cofc
Docket #: 1:16-cv-00649
Case Name: MODA HEALTH PLAN, INC. v. USA
PACER case #: 32821
Date filed: 2016-06-01
Date terminated: 2017-03-06
Date of last filing: 2017-05-09
Assigned to: Judge Thomas C. Wheeler
Case Cause: 28:1491 Tucker Act
Nature of Suit: 125 Contract - Affordable Care Act
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
MODA HEALTH PLAN, INC.
Plaintiff
Steven J. Rosenbaum
Covington & Burling LLP (DC) One City Center 850 Tenth Street, NW Washington, DC 20001-4956 (202) 662-5568 Fax: (202) 778-5568 Email: srosenbaum@cov.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

USA
Defendant
Phillip M. Seligman
U.S. Department of Justice - Civil Division (G) Post Office Box 480 Ben Franklin Station Washington, DC 20044 (202) 307-1105 Fax: (202) 307-0494 Email: phillip.seligman@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-06-01 1 0 COMPLAINT against USA (HHS) (Filing fee $400, Receipt number 9998-3357643) (Copy Served Electronically on Department of Justice), filed by MODA HEALTH PLAN, INC.. Answer due by 8/1/2016. (Attachments: # 1 Civil Cover Sheet)(ar) (Entered: 06/03/2016)
1 1 Civil Cover Sheet
2016-06-01 2 0 NOTICE of Assignment to Judge Thomas C. Wheeler. (ar) (Entered: 06/03/2016)
2016-06-01 3 0 NOTICE of Designation of Electronic Case. (ar) (Entered: 06/03/2016)
2016-06-01 4 0 Rule 7.1 Disclosure Statement, filed by MODA HEALTH PLAN, INC.. Service: 6/1/2016.(ar) (Entered: 06/03/2016) 2016-12-14 17:09:46 b49b5c03357a6b2c99d51eea5772363fedb146e3
2016-06-20 5 0 NOTICE of Appearance by Phillip M. Seligman for USA . (Seligman, Phillip) (Entered: 06/20/2016)
2016-06-23 6 0 Unopposed MOTION for Extension of Time until 9/30/2016 to File Answer re 1 Complaint, , filed by All Defendants.Response due by 7/11/2016.(Seligman, Phillip) (Entered: 06/23/2016)
2016-06-24 7 0 ORDER granting 6 Motion for Extension of Time to Answer. Answer due by 9/30/2016. Signed by Judge Thomas C. Wheeler. (hm) Copy to parties. (Entered: 06/24/2016)
2016-09-30 8 0 MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) , filed by All Defendants.Response due by 10/31/2016. (Attachments: # 1 Appendix)(Seligman, Phillip) (Entered: 09/30/2016)
8 1 Appendix
2016-10-25 9 0 CROSS MOTION and RESPONSE to 8 Motion to Dismiss - Rules 12(b)(1) and (6) filed by USA, filed by MODA HEALTH PLAN, INC..Response due by 11/28/2016. (Attachments: # 1 Appendix)(Rosenbaum, Steven) (Entered: 10/25/2016)
9 1 Appendix
2016-11-16 10 0 MOTION to Stay the case or alternatively, First MOTION for Extension of Time until 01/27/2017 to File Response as to 9 CROSS MOTION and RESPONSE to 8 Motion to Dismiss - Rules 12(b)(1) and (6) filed by USA , filed by USA.Response due by 12/5/2016.(Seligman, Phillip) (Entered: 11/16/2016) 2016-11-30 19:08:14 57a44184b0cb0663ce2562912e21e3cd82ff5190
2016-11-22 11 0 RESPONSE to 10 MOTION to Stay the case or alternativelyFirst MOTION for Extension of Time until 01/27/2017 to File Response as to 9 CROSS MOTION and RESPONSE to 8 Motion to Dismiss - Rules 12(b)(1) and (6) filed by USA , filed by MODA HEALTH PLAN, INC..Reply due by 12/2/2016. (Attachments: # 1 Affidavit)(Rosenbaum, Steven) (Entered: 11/22/2016)
11 1 Affidavit
2016-11-28 12 0 ORDER denying 10 Motion to Stay; granting in part and denying in part 10 Motion for Extension of Time to File Response Reply due by 12/9/2016. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 11/28/2016) 2016-11-30 19:23:47 da789665b93cb2d5d2b282299bc8519cdccd75fe
2016-12-09 13 0 Unopposed MOTION for Leave to Exceed Page Limit of The United States' Reply in Support of its Motion to Dismiss and Opposition to Plaintiff's Cross Motion for Partial Summary Judgment by 2 pages , filed by USA.Response due by 12/27/2016.(Seligman, Phillip) (Entered: 12/09/2016)
2016-12-09 14 0 RESPONSE to 9 CROSS MOTION and RESPONSE to 8 Motion to Dismiss - Rules 12(b)(1) and (6) filed by USA , REPLY to Response to Motion re 8 MOTION to Dismiss pursuant to Rules 12(b)(1) and (6) , filed by USA. Reply due by 12/27/2016. (Attachments: # 1 Appendix)(Seligman, Phillip) (Entered: 12/09/2016)
2016-12-12 15 0 ORDER granting 13 Motion for Leave to File Excess Pages Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 12/12/2016)
2016-12-22 16 0 MOTION for Leave to Exceed Page Limit of PLAINTIFFS REPLY IN SUPPORT OF ITS CROSS MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY by 2 pages , filed by MODA HEALTH PLAN, INC..Response due by 1/9/2017.(Rosenbaum, Steven) (Entered: 12/22/2016)
2016-12-22 17 0 ORDER granting 16 Motion for Leave to File Excess Pages Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 12/22/2016)
2016-12-22 18 0 REPLY to Response to Motion re 9 CROSS MOTION and RESPONSE to 8 Motion to Dismiss - Rules 12(b)(1) and (6) filed by USA , filed by MODA HEALTH PLAN, INC.. (Attachments: # 1 Appendix)(Rosenbaum, Steven) (Entered: 12/22/2016)
2017-01-03 19 0 SCHEDULING ORDER: Oral Argument set for 1/13/2017 at 10:00 AM in the National Courts Building before Judge Thomas C. Wheeler. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 01/03/2017)
2017-01-11 20 0 NOTICE of Additional Authority (Attachments: # 1 Exhibit)(Rosenbaum, Steven) (Entered: 01/11/2017)
2017-01-18 21 0 Notice Of Filing Of Certified Transcript for proceedings held on January 13, 2017 in Washington, D.C. (ew) (Entered: 01/23/2017)
2017-01-18 22 0 TRANSCRIPT of Proceedings held on January 13, 2017 before Judge Thomas C. Wheeler. Total No. of Pages: 1-61. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the proceeding (click HERE) Notice of Intent to Redact due 1/25/2017. Redacted Transcript Deadline set for 2/20/2017. Release of Transcript Restriction set for 4/20/2017. (ew) (Entered: 01/23/2017)
2017-02-09 23 0 REPORTED OPINION denying 8 Motion to Dismiss - Rule 12(b)(1) and (6); granting 9 Cross Motion for Partial Summary Judgment (Status Report due by 3/1/2017). Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 02/09/2017) 2017-02-10 14:47:07 a7634e081029c465c7cf9f7fed8ed804d6667a09
2017-03-01 24 0 JOINT STATUS REPORT , filed by USA. (Seligman, Phillip) (Entered: 03/01/2017) 2017-03-19 09:23:03 23efdf2ab9badc1499d1df05022214e3897fbc15
2017-03-02 25 0 Order: The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (gb) Copy to parties. (Entered: 03/02/2017) 2017-03-19 09:22:20 35fcd8d4f0be818c84859410251268d0cbf90b57
2017-03-06 26 0 JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $209,830,445.79. Reasonable costs are awarded to plaintiff. (Copy to parties) (dls) (Entered: 03/06/2017) 2017-03-19 11:13:22 2265a597d6bf0dd0442094b169fba22feb4fd8ca
2017-03-06 27 0 Certified transcript of judgment forwarded to plaintiff's attorney via certified mail, return receipt requested. (Article No. 7014 1200 0000 9093 6729) (ac7) (Entered: 03/06/2017)
2017-03-13 28 0 Return Receipt received re 27 Certified transcript of judgment forwarded to plaintiff's attorney via certified mail, return receipt requested. (ac7) (Entered: 03/21/2017) 2017-07-31 11:03:19 20c5469a4f8b50f80a016d03e35bc35b9d1ecc55
2017-05-04 29 0 NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC. (Seligman, Phillip) (Entered: 05/04/2017) 2017-06-06 21:15:44 6f7226cf0556f9f0f176bac50d4e400ac3a6920e