Spry et al v. United States of Health & Human Services et al
Federal Civil Lawsuit Oregon District Court, Case No. 3:03-cv-00121-KI

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No Logo Demon Harvey, Plaintiff

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
Space Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Law Offices of Roy Vernon Smith

Name Phone Fax E-Mail
Space Ellen Gradison +1 541 791 3429 +1 503 295 0676 orlawctr@peak.org
No Logo Elizabeth A. Spry, Plaintiff

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
Space Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Law Offices of Roy Vernon Smith

Name Phone Fax E-Mail
Space Ellen Gradison +1 541 791 3429 +1 503 295 0676 orlawctr@peak.org
No Logo Gary Spry, Plaintiff

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
Space Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Law Offices of Roy Vernon Smith

Name Phone Fax E-Mail
Space Ellen Gradison +1 541 791 3429 +1 503 295 0676 orlawctr@peak.org
No Logo Mary Gaye Reyes, Plaintiff

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
Space Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Law Offices of Roy Vernon Smith

Name Phone Fax E-Mail
Space Ellen Gradison +1 541 791 3429 +1 503 295 0676 orlawctr@peak.org
No Logo Michael McCarthy, Plaintiff

Toggle Switch Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
Space Spencer M. Neal +1 503 473 8325 +1 503 295 0676 spencerneal@justice.com

Toggle Switch Represented by Law Offices of Roy Vernon Smith

Name Phone Fax E-Mail
Space Ellen Gradison +1 541 791 3429 +1 503 295 0676 orlawctr@peak.org
v.
No Logo Centers for Medicare and Medicaid Services, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Craig J. Casey +1 503 727 1028

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Andrea Gacki +1 202 514 4336 +1 202 616 8202 andrea.gacki@usdoj.gov
No Logo Oregon Department of Human Services, Defendant

Toggle Switch Represented by State of Oregon

Name Phone Fax E-Mail
Space Stephen K. Bushong +1 503 378 6313 +1 503 378 3465 Stephen.bushong@state.or.us
Space Charles Edward Fletcher +1 503 378 6313 +1 503 378 3465 charles.fletcher@doj.state.or.us
Space Hardy Myers +1 503 378 6002 +1 503 378 4017 hardy.myers@state.or.us
No Logo United States of Health & Human Services, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Craig J. Casey +1 503 727 1028

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Andrea Gacki +1 202 514 4336 +1 202 616 8202 andrea.gacki@usdoj.gov
Space Sheila Lieber +1 202 514 3259 +1 202 616 8470 sheila.lieber@usdoj.gov
Office Portland
Filed 1/28/2003
Jury Demand None
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1981 Civil Rights
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Multnomah
Terminated 6/16/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '04-35746'['9th Circuit']
Def Custody Status
Flags FRC, IFP, TERMINATED
  Entries (163) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 159 Filed: 8/21/2007, Entered: 8/21/2007 OrderCourt Filing
Order - Plaintiffs' Motion for Attorney Fees [130] was deferred pending appeal. As a result of the Ninth Circuit's decision in this case, the motion is denied. Ordered by Judge Garr M. King. (mja)
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    Blank -- Filed: 8/21/2007, Entered: 8/21/2007 Appeal Record Returned
    Appeal Record Returned (three original volumes, original transcripts #s 148 and 152, and expando folder containing original documents 13 and 42) returned from the 9th Circuit regarding Notice of Appeal CA 04-35746 [144]. (Related Document(s): Notice of Appeal, [144] ) (tomg)
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      Legal Document (Payment Possibly Required) 158 Filed: 8/16/2007, Entered: 8/16/2007 Mandate
      MANDATE of USCA for the 9th Circuit re Notices of Appeal CA 04-35746 [144] and CA 04-35750 [145]: The decision of the District Court is AFFIRMED IN PART, REVERSED IN PART. (Related Document(s): Notice of Appeal, [144], Notice of Appeal, [145] ) (Attachments: # (1) Attachment Opinion) (tomg)
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        Legal Document (Payment Possibly Required) 157 Filed: 1/19/2007, Entered: 1/19/2007 Attorney Substitution
        Notice of Attorney Substitution:Attorney Ellen Gradison is substituted as counsel of record in place of Attorney Lorey H. Freeman.Filed by all plaintiffs. (Gradison, Ellen)
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          Blank -- Filed: 9/30/2005, Entered: 9/30/2005 Appeal Record Sent to USCA
          Record on Appeal (entire original file) sent to the 9th Circuit regarding Notice of Appeal CA 04-35746 [144]. (Related Document(s): Notice of Appeal, [144] ) (tomg, )
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            Legal Document (Payment Possibly Required) 156 Filed: 11/15/2004, Entered: 11/15/2004 Certificate of Record by Clerk to USCA
            Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal CA 04-35750 [145] filed by Elizabeth A. Spry. (Related Document(s): Notice of Appeal, [145] ) (tomg, )
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              Legal Document (Payment Possibly Required) 155 Filed: 11/15/2004, Entered: 11/15/2004 Certificate of Record by Clerk to USCA
              Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal CA 04-35746 [144] filed by USA on 8/16/04. (Related Document(s): Notice of Appeal, [144] ) (tomg, )
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                Blank 154 Filed: 11/5/2004, Entered: 11/5/2004 SchedulingCourt Filing
                CIVIL MINUTES: Record of Order - Based on the stipulation of the parties, the court will defer ruling on Plaintiffs' Motion for Attorney Fees and Costs [130] pending appeal. by Garr M. King. Ordered by Judge Garr M. King. (mja, )
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                  Blank 153 Filed: 10/25/2004, Entered: 10/25/2004 Order on Motion to Amend/CorrectCourt Filing
                  ORDER: Granting Federal Defendants' Unopposed Motion to Correct Trascript of October 6, 2003 Hearing [151]. Ordered by Judge Garr M. King (mja, )
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                    Legal Document (Payment Possibly Required) 151 Filed: 10/15/2004, Entered: 10/15/2004, Terminated: 10/25/2004 Motion to Amend/Correct
                    Unopposed Motion to Amend/Correct Transcript of October 6, 2003 Hearing. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Gacki, Andrea)
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                      Legal Document (Payment Possibly Required) 152 Filed: 10/13/2004, Entered: 10/15/2004 TranscriptCourt Filing
                      Transcript of Proceedings held on 5/13/04; Evidentary Hearing & Oral Argument before Judge Garr M. King. Court Reporter: Lorey H. Freeman.. (Kirk, )
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                        Legal Document (Payment Possibly Required) 148 Filed: 9/23/2004, Entered: 9/23/2004 TranscriptCourt Filing
                        Transcript of Proceedings held on 10/06/03 before Judge Janice M. Stewart. Court Reporter: Yuki Ogawa. (pvh, )
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                          Legal Document (Payment Possibly Required) 149 Filed: 9/14/2004, Entered: 9/27/2004 Transcript Designation and Order FormCourt Filing
                          Transcript Designation and Order Form for the hearing held on 10/06/04 before Judge Janice M. Stewart. Tape Number: FTR, due by 10/14/2004. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (dmd, )
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                            Legal Document (Payment Possibly Required) 147 Filed: 9/14/2004, Entered: 9/20/2004 Transcript Designation and Order Form
                            Transcript Designation and Order Form for the hearing held on 10/6/03 Tape Number: FTR.. Filed by Centers for Medicare and Medicaid Services. Transcript Designation due by 10/14/2004. (Kirk, )
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                              Legal Document (Payment Possibly Required) 146 Filed: 9/14/2004, Entered: 9/20/2004 Transcript Designation and Order FormCourt Filing
                              Transcript Designation and Order Form for the hearing held on 5/13/04 before Judge Garr M. King. Court Reporter: Nancy Walker.. Filed by Centers for Medicare and Medicaid Services. Transcript Designation due by 10/14/2004. (Kirk, )
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                                Legal Document (Payment Possibly Required) 150 Filed: 9/3/2004, Entered: 9/27/2004 USCA Order
                                Notification by USCA - 9th Circuit of Appeal No. CA 04-35746 for Appeal, [145], filed on September 3, 2004, including Briefing Schedule. (dmd, )
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                                  Blank -- Filed: 8/24/2004, Entered: 8/24/2004 Notification of Appeal Sent
                                  Notification of (Cross) Appeal from Notice of Appeal [145] sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. CADS mailed to Court Of Appeals. (Related Document(s): Notice of Appeal, [145] ) (tomg, )
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                                    Blank -- Filed: 8/24/2004, Entered: 8/24/2004 Notification of Appeal Sent
                                    Notification of Appeal from (federal defendants') Notice of Appeal [144] sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. CADS mailed to Court of Appeals. (Related Document(s): Notice of Appeal, [144] ) (tomg, )
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                                      Legal Document (Payment Possibly Required) 145 Filed: 8/18/2004, Entered: 8/24/2004 Notice of Appeal
                                      Notice of (Cross) Appeal (with attached Representation Statement) to USCA 9th Circuit from Order [106] entered 4/7/04, Opinion [125] entered 5/21/04 and from Judgment [129] entered 6/17/04. No appeal fee received. IFP GRANTED 2/27/03. Filed by all plaintiffs. (Related Document(s): [106][125][129] ) (tomg, ) Modified on 8/24/2004 (tomg, ).
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                                        Legal Document (Payment Possibly Required) 144 Filed: 8/16/2004, Entered: 8/24/2004 Notice of Appeal
                                        Notice of Appeal to USCA 9th Circuit from Order [106], Order [90], Opinion [125], Order [126], and Judgment [129] entered 6/17/04. No appeal fee received. US government appellants. Filed by Tommy Thompson,Secretary of United States of Health & Human Services and Mark B. McClellan, Administrator,Centers For Medicare and Medicaid Services ("federal defendants"). (Related Document(s): [106][90][125][126][129] ) (tomg, )
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                                          Legal Document (Payment Possibly Required) 143 Filed: 7/30/2004, Entered: 8/2/2004 Affidavit in Support of Motion
                                          Supplemental Affidavit of Lorey H. Freeman in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion for attorney fees[130].)(ljl, )
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                                            Legal Document (Payment Possibly Required) 142 Filed: 7/30/2004, Entered: 8/2/2004 reply to motion
                                            Reply to Motion for Attorney Fees[130]. Filed by all plaintiffs.(ljl, )
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                                              Blank 141 Filed: 7/20/2004, Entered: 7/20/2004 Order on Motion for LeaveCourt Filing
                                              ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Reply to Federal Defendants' Opposition to Motion for Attorney Fees and Costs [139]. Ordered by Judge Garr M. King (ecp, )
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                                                Blank 140 Filed: 7/15/2004, Entered: 7/16/2004 Memorandum in Support
                                                Memorandum in Support of Motio. Filed by all plaintiffs. (Related document(s): Motion for Leave[139].)(sm, )
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                                                  Legal Document (Payment Possibly Required) 139 Filed: 7/15/2004, Entered: 7/16/2004, Terminated: 7/20/2004 Motion for Leave
                                                  Motion for Leave to File Reply to Federal Defendants' Opposition to Motion for Attorney Fees and Costs. Filed by all plaintiffs. (sm, )
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                                                    Legal Document (Payment Possibly Required) 138 Filed: 7/9/2004, Entered: 7/9/2004 Response to Motion
                                                    Response to Motion for Attorney Fees[130]. Filed by Oregon Department of Human Services.(Fletcher, Charles)
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                                                      Legal Document (Payment Possibly Required) 137 Filed: 7/9/2004, Entered: 7/9/2004 Response to Motion
                                                      Response by Federal Defendants to Motion for Attorney Fees[130]. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Attachments: # (1) Attachment 1 - Handbook)(Gacki, Andrea)
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                                                        Legal Document (Payment Possibly Required) 136 Filed: 6/25/2004, Entered: 6/29/2004 Affidavit
                                                        Affidavit of Lorey H. Freeman. Filed by all plaintiffs. (sm, )
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                                                          Legal Document (Payment Possibly Required) 135 Filed: 6/25/2004, Entered: 6/29/2004 Declaration
                                                          Declaration of Lynn-Marie Crider. Filed by all plaintiffs. (sm, )
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                                                            Legal Document (Payment Possibly Required) 134 Filed: 6/25/2004, Entered: 6/28/2004 Affidavit in Support of Motion
                                                            Affidavit of Tom Steenson Re: Spencer Neal in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion for attorney fees[130].)(ljl, )
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                                                              Legal Document (Payment Possibly Required) 133 Filed: 6/25/2004, Entered: 6/28/2004 Declaration
                                                              Declaration of Spencer M. Neal. Filed by all plaintiffs. (Related document(s): Motion for attorney fees[130].)(ljl, )
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                                                                Legal Document (Payment Possibly Required) 132 Filed: 6/25/2004, Entered: 6/28/2004 Declaration
                                                                Declaration of Kathleen Wilde. Filed by all plaintiffs. (Related document(s): Motion for attorney fees[130].)(ljl, )
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                                                                  Legal Document (Payment Possibly Required) 131 Filed: 6/25/2004, Entered: 6/28/2004 Memorandum in Support of Motion
                                                                  Memorandum in Support. Filed by all plaintiffs. (Related document(s): Motion for attorney fees[130].)(ljl, )
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                                                                    Legal Document (Payment Possibly Required) 130 Filed: 6/25/2004, Entered: 6/28/2004, Terminated: 8/21/2007 Motion for Attorney Fees
                                                                    Motion for Attorney Fees and Costs. Filed by all plaintiffs. (ljl, )
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                                                                      Legal Document (Payment Possibly Required) 129 Filed: 6/16/2004, Entered: 6/17/2004 Judgment*Court Filing
                                                                      Judgment. Signed on 6/15/04 by Judge Garr M. King. (ljl, )
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                                                                        Blank 128 Filed: 6/2/2004, Entered: 6/2/2004 OrderCourt Filing
                                                                        RECORD OF ORDER - The parties shall confer and attempt to stipulate to a form of final judgment in this matter. If the parties cannot reach agreement as to the form of the judgment, each party shall submit its own proposed judgment to the court. Ordered by Judge Garr M. King. (ecp, )
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                                                                          Legal Document (Payment Possibly Required) 127 Filed: 5/21/2004, Entered: 5/21/2004 Notice of Change of Address
                                                                          Notice of Change of Address for Counsel. Filed by Lorey H. Freeman appearing on behalf of all plaintiffs.(pvh, )
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                                                                            Legal Document (Payment Possibly Required) 126 Filed: 5/20/2004, Entered: 5/21/2004 Order on Motion to Certify ClassCourt Filing
                                                                            ORDER: Signed on 05/20/04 by Judge Garr M King. Denying Motion to Certify the Class [46]. See 2 page order. (ljl, )
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                                                                              Legal Document (Payment Possibly Required) 125 Filed: 5/20/2004, Entered: 5/21/2004 OpinionCourt Filing
                                                                              Opinion: For the reasons in the 13 page Opinion, plaintiffs' Motion to certify class[46] is DENIED. Signed on 5/20/04 by Judge Garr M King. (ljl, )
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                                                                                Legal Document (Payment Possibly Required) 122 Filed: 5/14/2004, Entered: 5/14/2004 Case Reassignment Notice
                                                                                Record of Order: Reassigning this case to the Honorable Garr M. King for all further proceedings. Please use the above case number and initials on all future submissions in this case. (pvh, )
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                                                                                  Legal Document (Payment Possibly Required) 124 Filed: 5/13/2004, Entered: 5/14/2004 Clerks list of exhibits & witnesses
                                                                                  Clerks List of Exhibits & Witnesses from oral argument held on 5/13/2004.(ecp, )
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                                                                                    Blank 123 Filed: 5/13/2004, Entered: 5/14/2004 Status Conference
                                                                                    CIVIL MINUTES: Record of Oral Argument: Oral argument held on injunctive relielf. Lorey Freeman present as counsel for plaintiff(s). Andrea Gacki and Charles Fletcher present as counsel for defendant(s). Court Reporter or Tape No.: Nancy Walker. Garr M King presiding. (ecp, )
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                                                                                      Legal Document (Payment Possibly Required) 121 Filed: 5/13/2004, Entered: 5/14/2004 Declaration
                                                                                      Declaration of Bradley Wolfe, RPH. Filed by all plaintiffs. (pvh, )
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                                                                                        Legal Document (Payment Possibly Required) 120 Filed: 5/7/2004, Entered: 5/10/2004 Declaration
                                                                                        Declaration of Barry Miles. Filed by all plaintiffs. (pvh, )
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                                                                                          Legal Document (Payment Possibly Required) 119 Filed: 5/6/2004, Entered: 5/6/2004 reply to motion
                                                                                          Reply to Motion to Certify the Class. Filed by all plaintiffs.(Related document: [46]).(pvh, )
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                                                                                            Legal Document (Payment Possibly Required) 118 Filed: 4/28/2004, Entered: 4/28/2004 Response to Motion
                                                                                            Response by Federal Defendants to Motion to Certify the Class (Oral Argument Requested)[46]. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Attachments: # (1) Exhibit)(Gacki, Andrea)
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                                                                                              Legal Document (Payment Possibly Required) 117 Filed: 4/23/2004, Entered: 4/26/2004 Notice
                                                                                              Notice of Subsequent Authority. Filed by Lorey H. Freeman appearing on behalf of all plaintiffs.(rtrb, )
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                                                                                                Blank 116 Filed: 4/22/2004, Entered: 4/22/2004 Set Motion and F&R Deadlines/Hearings
                                                                                                Order regarding Motion to Certify the Class (Oral Argument Requested)[46].. Federal defendants' response due by 4/28/2004. Plaintiffs' reply due by 5/5/2004. Motion taken under advisement as of 5/5/2004. (stewart2,twg)
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                                                                                                  Blank 115 Filed: 4/22/2004, Entered: 4/22/2004 SchedulingCourt Filing
                                                                                                  Record of Order - Setting Oral Argument on injuctive relief for 5/13/2004 at 10:30AM in Portland, Courtroom 9A, before Judge Garr M King. (ecp, )
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                                                                                                    Legal Document (Payment Possibly Required) 114 Filed: 4/21/2004, Entered: 4/21/2004 Declaration
                                                                                                    Declaration of Melissa Mona. Filed by all plaintiffs. (ljl, )
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                                                                                                      Legal Document (Payment Possibly Required) 113 Filed: 4/20/2004, Entered: 4/21/2004 Brief
                                                                                                      Brief Regarding Scope of Injunctive Relief. Oral Argument Requested. Filed by all plaintiffs. (ljl, )
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                                                                                                        Legal Document (Payment Possibly Required) 112 Filed: 4/20/2004, Entered: 4/20/2004 Affidavit
                                                                                                        Affidavit of Carolyn M. Read on Remedies. Filed by Oregon Department of Human Services. (Related document(s): Memorandum[109].)(Fletcher, Charles)
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                                                                                                          Legal Document (Payment Possibly Required) 111 Filed: 4/20/2004, Entered: 4/20/2004 Affidavit
                                                                                                          Affidavit of Jim Edge on Remedies. Filed by Oregon Department of Human Services. (Related document(s): Memorandum[109].)(Fletcher, Charles)
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                                                                                                            Legal Document (Payment Possibly Required) 110 Filed: 4/20/2004, Entered: 4/20/2004 Affidavit
                                                                                                            Affidavit of Mary Greipp on Remedies. Filed by Oregon Department of Human Services. (Related document(s): Memorandum[109].)(Fletcher, Charles)
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                                                                                                              Legal Document (Payment Possibly Required) 109 Filed: 4/20/2004, Entered: 4/20/2004 Memorandum
                                                                                                              Supplemental Memorandum on Remedies. Filed by Oregon Department of Human Services.(Fletcher, Charles)
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                                                                                                                Legal Document (Payment Possibly Required) 108 Filed: 4/20/2004, Entered: 4/20/2004 Notice
                                                                                                                Notice of Supplemental Briefing on the Scope of Injunctive Relief. Filed by Andrea Marie Gacki appearing on behalf of Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related document(s): Order on motion for summary judgment,,,,, [106].)(Gacki, Andrea)
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                                                                                                                  Blank 107 Filed: 4/12/2004, Entered: 4/12/2004 SchedulingCourt Filing
                                                                                                                  Record of Order by Judge Stewart. Setting a telephone status conference before Judge Stewart on Wednesday, 4/21/2004 at 01:30PM. The Court will initiate the conference call. (da, )
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                                                                                                                    Legal Document (Payment Possibly Required) 106 Filed: 4/6/2004, Entered: 4/7/2004 Order on Motion for Summary JudgmentCourt Filing
                                                                                                                    ORDER: Signed on 4/6/04 by Judge Garr M King. This Court ADOPTS the Findings and Recommendation of Magistrate Judge Stewart dated 1/9/03 (#90) in its entirety. Granting in Part Denying in Part Motion for Summary Judgment [34], Granting in Part Denying in Part Motion for Summary Judgment [57], Granting in Part Denying in Part Motion for Summary Judgment [61]. See 3 page order. (ljl, )
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                                                                                                                      Blank 105 Filed: 2/26/2004, Entered: 2/26/2004 Order on Motion for Extension of TimeCourt Filing
                                                                                                                      Record of ORDER by Judge Stewart:Granting Plaintiffs' Unopposed Motion to Extend Time to File Pretrial Order, (Related Doc #[104]). ORDER - Pretrial Order due by 6/14/2004. (da, )
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                                                                                                                        Legal Document (Payment Possibly Required) 104 Filed: 2/24/2004, Entered: 2/26/2004, Terminated: 2/26/2004 Motion for Extension of Time
                                                                                                                        Motion for Extension of Time Plaintiffs' Unopposed Motion to Extend Time to File Pretrial Order. Filed by all plaintiffs. (da, )
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                                                                                                                          Blank 103 Filed: 2/5/2004, Entered: 2/5/2004 SchedulingCourt Filing
                                                                                                                          CIVIL MINUTES:Record of Order by Judge Janice M. Stewart: Staying Plaintiff's Motion for Class Certification (docket #46) until a final ruling on Plaintiffs' and Defendants' pending Motions for Summary Judgment (dockets #34, 57, 61). (stewart2, twg)
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                                                                                                                            Legal Document (Payment Possibly Required) 102 Filed: 1/28/2004, Entered: 2/2/2004 Order on Findings and RecommendationCourt Filing
                                                                                                                            ORDER:Order: It is hereby ORDERED that Defendant Thorne's Motion to Dismiss (#5) is Granted as to the ninth claim and otherwise denied. This court adopts the Findings and Recommendation of Magistrate Judge Stewart dated October 17, 2003 in its entirety. See attached order for details. Signed on January 28, 2004 by Judge Garr M. King. (rtrb, )
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                                                                                                                              Blank 101 Filed: 1/27/2004, Entered: 1/27/2004 OrderCourt Filing
                                                                                                                              CIVIL MINUTES:Record of Order by Judge Stewart - Referring Findings and Recommendation filed 12/9/2003, doc. #90, to the Honorable Garr M. King for consideration. Objections have been filed. (Related documents(s) [57], [34], [61], [90]) (da, )
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                                                                                                                                Legal Document (Payment Possibly Required) 100 Filed: 1/23/2004, Entered: 1/27/2004 Response to Objections to Findings & Recommendatio
                                                                                                                                Response to Objections to Findings & Recommendation Plaintiff's Response to Defendant Thorne's Objections to Findings and Recommendations on Motion for Summary Judgment. Filed by all plaintiffs. (Related motion(s)[77]) (da, )
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                                                                                                                                  Legal Document (Payment Possibly Required) 99 Filed: 1/23/2004, Entered: 1/27/2004 Response to Objections to Findings & Recommendatio
                                                                                                                                  Response to Objections to Findings & Recommendation Plaintiffs' Response to Federal Defendants' Objections to Findings and Recommendations on Motion for Summary Judgment. Filed by all plaintiffs. (Related motion(s)[77]) (da, )
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                                                                                                                                    Legal Document (Payment Possibly Required) 98 Filed: 1/23/2004, Entered: 1/23/2004 Response to Objections to Findings & Recommendatio
                                                                                                                                    Response to Objections to Findings & Recommendation of December 8, 2003. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related motion(s)[77]) (Gacki, Andrea)
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                                                                                                                                      Legal Document (Payment Possibly Required) 97 Filed: 1/23/2004, Entered: 1/23/2004 Response to Objections to Findings & Recommendatio
                                                                                                                                      Response to Objections to Findings & Recommendation on Motions for Summary Judgment. Filed by Oregon Department of Human Services. (Related motion(s)[77]) (Fletcher, Charles)
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                                                                                                                                        Legal Document (Payment Possibly Required) 96 Filed: 1/5/2004, Entered: 1/13/2004 Objection
                                                                                                                                        Objection(s) Plaintiffs' Objections to Findings and Recommendations on Motion for Summary Judgment (oral argument requested). Filed by all plaintiffs. (Related document(s)[77]) (da, )
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                                                                                                                                          Legal Document (Payment Possibly Required) 95 Filed: 1/5/2004, Entered: 1/5/2004 Objections to Findings & Recommendation
                                                                                                                                          Objections to Findings & Recommendation of December 8, 2003. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Attachments: # (1) Attachment Handbook of Public Assistance Administration# (2) Attachment Chart of Cost-Sharing Demonstration Projects)(Related motion(s)[77]) (Gacki, Andrea)
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                                                                                                                                            Legal Document (Payment Possibly Required) 94 Filed: 1/5/2004, Entered: 1/5/2004 Objections to Findings & RecommendationCourt Filing
                                                                                                                                            Objections to Findings & Recommendation of Magistrate Judge Dated December 8, 2003. Filed by Oregon Department of Human Services. (Related motion(s)[77]) (Fletcher, Charles)
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                                                                                                                                              Blank 93 Filed: 12/12/2003, Entered: 12/12/2003 Order on Motion for Extension of TimeCourt Filing
                                                                                                                                              Record of ORDER by Judge Stewart:Granting Defendants' Motion for Extension of Time Regarding Findings and Recommendations of 12/8/2003,(Related Doc #[92]). ORDER - Objections to the F & R due by 1/5/2004. Response to the objection to the F & R due by 1/23/2004. (Related documents(s) [77]) (da, )
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                                                                                                                                                Legal Document (Payment Possibly Required) 92 Filed: 12/11/2003, Entered: 12/11/2003, Terminated: 12/12/2003 Motion for Extension of Time
                                                                                                                                                Motion for Extension of Time to File Objections to Findings and Recommendations of Dec. 8, 2003. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related document(s)[90]) (Gacki, Andrea)
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                                                                                                                                                  Blank 91 Filed: 12/10/2003, Entered: 12/10/2003 Administrative Correction of the Record
                                                                                                                                                  CIVIL MINUTES:Record of Order : A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and notify all parties accordingly. On December 8, 2003 the court issued a ruling on pending motions for summary judgment titled "Order." The document is corrected to reflect a Findings and Recommendation rather than an "Order." Objections, if any, are due December 29, 2003 and response to objections are due January 16, 2004. (Related documents(s) [90]) (stewart2,twg )
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                                                                                                                                                    Legal Document (Payment Possibly Required) 90 Filed: 12/8/2003, Entered: 12/8/2003 Order on Motion for Summary JudgmentCourt Filing
                                                                                                                                                    FINDINGS AND RECOMMENDATIONS: Granting in part, Denying in part Motion for Summary Judgment (Related Doc #[34]), Granting in part, Denying in part Motion for Summary Judgment (Related Doc #[57]), Granting in part, Denying in part Motion for Summary Judgment (Related Doc #[61]). Signed on 12/8/03 by Judge Janice M. Stewart. (stewart2,twg ) Modified on 12/10/2003 (stewart2, ).
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                                                                                                                                                      Blank 87 Filed: 12/4/2003, Entered: 12/4/2003 Order on Motion for Extension of TimeCourt Filing
                                                                                                                                                      Record of ORDER by Judge Stewart: Granting Defendant Thorne's unopposed Motion to Extend Time to file Pretrial Orders, (Related Doc #[86]). ORDER - Pretrial Order due by 3/15/2004. (da, )
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                                                                                                                                                        Legal Document (Payment Possibly Required) 89 Filed: 12/3/2003, Entered: 12/5/2003 Notice of Change of Address
                                                                                                                                                        Notice of Address Change for Spencer Neal. Filed by all plaintiffs. (da, )
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                                                                                                                                                          Legal Document (Payment Possibly Required) 86 Filed: 12/3/2003, Entered: 12/3/2003, Terminated: 12/4/2003 Motion for Extension of Time
                                                                                                                                                          Unopposed Motion for Extension of Time to File Pretrial Orders. Filed by Oregon Department of Human Services. (Fletcher, Charles)
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                                                                                                                                                            Blank 85 Filed: 12/1/2003, Entered: 12/1/2003 Findings & Recommendation ReferredCourt Filing
                                                                                                                                                            CIVIL MINUTES:Record of Order by Judge Janice M. Stewart - Referring Findings and Recommendation filed 10/17/2003, doc. #77, to the Honorable Judge Garr M. King for consideration. Objections have been filed. (Related documents(s) [77], [11]) (da, )
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                                                                                                                                                              Legal Document (Payment Possibly Required) 88 Filed: 11/28/2003, Entered: 12/4/2003 Response to Objections to Findings & Recommendatio
                                                                                                                                                              Response to Objections to Findings & Recommendation. Filed by all plaintiffs. (Related motion(s)[77]) (Kirk, )
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                                                                                                                                                                Legal Document (Payment Possibly Required) 84 Filed: 11/26/2003, Entered: 11/26/2003 Supplement
                                                                                                                                                                Supplement Titled As Statement of Supplemental Authority. Filed by Oregon Department of Human Services. (Related document(s)[57]) (Fletcher, Charles)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 83 Filed: 11/7/2003, Entered: 11/7/2003 Reply
                                                                                                                                                                  Supplemental Reply in Support of Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Related document(s)[57]) (Fletcher, Charles)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 82 Filed: 11/7/2003, Entered: 11/7/2003 Objections to Findings & Recommendation
                                                                                                                                                                    Objections to Findings & Recommendation on Defendant Thorne's Motion to Dismiss. Filed by Oregon Department of Human Services. (Related motion(s)[77]) (Fletcher, Charles)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 81 Filed: 10/31/2003, Entered: 11/4/2003 Response to Motion
                                                                                                                                                                      Response to Motion Response to State Defendant's Supplemental Memorandum in Support of Motion to Dismiss & to Federal Defendants Response to State Defendants Supplemental Memorandum. Filed by all plaintiffs. (Related motion(s)[11]) (Kirk, )
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 80 Filed: 10/29/2003, Entered: 10/29/2003 Response to Motion
                                                                                                                                                                        Supplemental Response to Motion for Summary Judgment by State Defendant. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related motion(s)[57]) (Gacki, Andrea)
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                                                                                                                                                                          Blank 79 Filed: 10/24/2003, Entered: 10/24/2003 Motion HearingCourt Filing
                                                                                                                                                                          CIVIL MINUTES:Record of 10/6/03 hearing before Judge Stewart on pending motions for summary judgment, #34, #57, and #61. Counsel Present for Plaintiff: Lorey Freeman. Counsel Present for Defendant: Charles Fletcher, Andrea Gacki. Tape No: FTR. ORDER - Motions were taken under advisement as of 10/6/2003. (Related documents(s) [57], [34], [61]) (da, )
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 78 Filed: 10/20/2003, Entered: 10/20/2003 Memorandum in Support
                                                                                                                                                                            Supplemental Memorandum in Support of Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Related document(s)[57]) (Fletcher, Charles)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 77 Filed: 10/17/2003, Entered: 10/17/2003, Terminated: 2/2/2004 Findings and RecommendationCourt Filing
                                                                                                                                                                              Findings & Recommendation to grant in part and deny in part Motion to Dismiss: Signed on 10/17/2003 by Judge Janice M. Stewart. Objections to the Findings and Recommendation due by 11/7/2003. Response to the objection to the F & R due by 11/28/2003. (Related document(s)[11]) (St, )
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 76 Filed: 10/1/2003, Entered: 10/1/2003 reply to motion
                                                                                                                                                                                Reply to Motion for Summary Judgment by Federal Defendants. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related motion(s)[61]) (Gacki, Andrea)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 75 Filed: 10/1/2003, Entered: 10/1/2003 Reply
                                                                                                                                                                                  Reply in Support of Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Related document(s)[57]) (Fletcher, Charles)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 74 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                    Declaration of Gary Spry. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 73 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                      Declaration of Elizabeth A. Spry. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 72 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                        Declaration of Robert Joondeph. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 71 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                          Declaration of Michael McCarthy. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 70 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                            Declaration of Demon Harvey. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 69 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                              Declaration of Mary Gaye Reyes. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 68 Filed: 9/19/2003, Entered: 9/22/2003 Declaration
                                                                                                                                                                                                Declaration of Ellen Pinney. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 67 Filed: 9/19/2003, Entered: 9/22/2003 Response to Motion
                                                                                                                                                                                                  Response to Motion for Summary Judgment. Filed by all plaintiffs. (Related motion(s)[57], [61]) (Kirk, )
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                                                                                                                                                                                                    Blank 66 Filed: 9/12/2003, Entered: 9/12/2003 SchedulingCourt Filing
                                                                                                                                                                                                    CIVIL MINUTES:Record of Order by Judge Stewart setting Defendant Thorne's motion for summary judgment, #57 and Federal Defendant's motion for summary judgment, #61, for oral argument before Judge Stewart on 10/6/2003 at 10:30AM in Portland. ORDER: When submitting dispositive motions and memoranda to the Court, the parties not participating in ECF (Electronic Case Filing) shall either file (in a format compatible with Word Perfect) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to Donna_Ausbie@ord.uscourts.gov. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. (Related documents(s) [57], [61]) (da, )
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 65 Filed: 9/5/2003, Entered: 9/5/2003 Response to Motion
                                                                                                                                                                                                      Response to Motion for Summary Judgment by Plaintiffs--Concise Statement of Facts. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related motion(s)[34]) (Gacki, Andrea)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 64 Filed: 9/5/2003, Entered: 9/5/2003 Response to Motion
                                                                                                                                                                                                        Response to Motion for Summary Judgment by Plaintiffs. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related motion(s)[34]) (Gacki, Andrea)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 63 Filed: 9/5/2003, Entered: 9/5/2003 Concise Statement of Material Fact
                                                                                                                                                                                                          Concise Statement of Material Fact in Support of Federal Defs.' Motion for Summary Judgment. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Gacki, Andrea)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 62 Filed: 9/5/2003, Entered: 9/5/2003 Memorandum in Support
                                                                                                                                                                                                            Memorandum in Support of Federal Defs.' Motion for Summary Judgment. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related document(s)[61]) (Gacki, Andrea)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 61 Filed: 9/5/2003, Entered: 9/5/2003, Terminated: 4/6/2004 Motion for Summary Judgment
                                                                                                                                                                                                              Motion for Summary Judgment by Federal Defendants. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Gacki, Andrea)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 60 Filed: 9/5/2003, Entered: 9/5/2003 Response
                                                                                                                                                                                                                Response to Plaintiff's Concise Statement of Material Facts. Filed by Oregon Department of Human Services. (Related document(s)[36]) (Fletcher, Charles)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 59 Filed: 9/5/2003, Entered: 9/5/2003 Concise Statement of Material Fact
                                                                                                                                                                                                                  Concise Statement of Material Fact. Filed by Oregon Department of Human Services. (Fletcher, Charles)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 58 Filed: 9/5/2003, Entered: 9/5/2003 Memorandum in Support
                                                                                                                                                                                                                    Memorandum in Support of Defendant Thorne's Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Related document(s)[57]) (Fletcher, Charles)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 57 Filed: 9/5/2003, Entered: 9/5/2003, Terminated: 4/6/2004 Motion for Summary Judgment
                                                                                                                                                                                                                      Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Fletcher, Charles)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 56 Filed: 8/26/2003, Entered: 9/3/2003 reply to motion
                                                                                                                                                                                                                        Reply to Motion to Certify the Class. Filed by all plaintiffs. (Related motion(s)[46]) (dls, )
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                                                                                                                                                                                                                          Blank 55 Filed: 8/25/2003, Entered: 8/25/2003 Rule 16 ConferenceCourt Filing
                                                                                                                                                                                                                          CIVIL MINUTES: Record of Proceedings before Judge Janice M. Stewart. Counsel Present for Plaintiff: Spencer Neal. Counsel Present for Defendant: Andrea Gacki (for US) & Charles Fletcher (for State). ORDER: Granting Federal Defendant's Motion to Stay Plaintiffs' Motion for Class Certification (docket #46) until a final ruling on State Defendants' pending Motion to Dismiss (docket #11) and issuance of Findings and Recommendation on Plaintiffs' pending Motion for Summary Judgment (docket #34). ORDER: Striking the current case schedule and deadlines and resetting as follows: Discovery deadline is stricken and will be reset after a final ruling on State Defendants' pending Motion to Dismiss. Pretrial Order due by 12/3/2003. (stewart2, )
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 54 Filed: 8/13/2003, Entered: 8/15/2003 Motion for Stay
                                                                                                                                                                                                                            Motion for Stay Document entitled: Response to Motion for Class Certification; Motion to Stay Further Proceedings on Class Certification. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 53 Filed: 8/11/2003, Entered: 8/11/2003 Memorandum in Opposition
                                                                                                                                                                                                                              Memorandum in Opposition to Class Certification. Filed by Oregon Department of Human Services. (Related motion(s)[46]) (Fletcher, Charles)
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                                                                                                                                                                                                                                Blank 52 Filed: 8/8/2003, Entered: 8/8/2003 SchedulingCourt Filing
                                                                                                                                                                                                                                CIVIL MINUTES:Record of Order by Judge Stewart - Setting Plaintiff's motion for class certification, #46, for oral argument before Judge Stewart on 9/16/2003 at 10:00AM in Portland. (Related documents(s) [46]) (da, )
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                                                                                                                                                                                                                                  Blank 45 Filed: 8/1/2003, Entered: 8/1/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                                  Record of ORDER by Judge Stewart:Order Granting Defendant Thorne's motion # [40]) for extension of time to respond to Plaintiffs' motion for summary judgment, #[34]., and Granting Defendants Thompson and Scully's motion, # [43]) for Extension of Time to File Response to Plaintiffs' motion for summary judgment #[34]. ORDER - All Defendants Responses to Plaintiff's motion due and cross-motions to be filed by 9/5/2003. Reply to Plaintiff's motion and Plaintiffs' responses to cross-motions due by 9/19/2003. Defendants' Replies to cross-motions due by 10/1/2003. ORDER - Setting Oral Argument on all dispositive motions before Judge Stewart on 10/6/2003 at 10:30AM in Portland. ORDER: When submitting dispositive motions and memoranda to the Court, the parties not participating in ECF (Electronic Case Filing) shall either file (in a format compatible with Word Perfect) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to Donna_Ausbie@ord.uscourts.gov. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. . (Related documents(s) [34]) (da, )
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 51 Filed: 7/30/2003, Entered: 8/5/2003 Notice
                                                                                                                                                                                                                                    Correction; Filed by plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 50 Filed: 7/30/2003, Entered: 8/5/2003 Response
                                                                                                                                                                                                                                      Response to Defendants Motions for Extensions of Time. Filed by all plaintiffs. (Related document(s)[43]) (Kirk, )
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 49 Filed: 7/30/2003, Entered: 8/5/2003 Declaration
                                                                                                                                                                                                                                        Declaration of Lorey Freeman in Support of Motion for Class Certification. Filed by all plaintiffs. (Related document(s)[46]) (Kirk, )
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 48 Filed: 7/30/2003, Entered: 8/5/2003 Declaration
                                                                                                                                                                                                                                          Declaration of Spencer Neal in Support of Motion for Class Certification. Filed by all plaintiffs. (Related document(s)[46]) (Kirk, )
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 47 Filed: 7/30/2003, Entered: 8/5/2003 Memorandum in Support
                                                                                                                                                                                                                                            Memorandum in Support of Class Certification. Filed by all plaintiffs. (Related document(s)[46]) (Kirk, )
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 46 Filed: 7/30/2003, Entered: 8/5/2003, Terminated: 5/20/2004 Motion to Certify Class
                                                                                                                                                                                                                                              Motion to Certify the Class (Oral Argument Requested). Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 44 Filed: 7/28/2003, Entered: 7/29/2003 Memorandum in Support
                                                                                                                                                                                                                                                Memorandum in Support of Motion for Extension of Time. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Related document(s)[43]) (Kirk, )
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 43 Filed: 7/28/2003, Entered: 7/29/2003 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                  Motion for Extension of Time to File a Response/Reply to Motion # [34].. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 42 Filed: 7/24/2003, Entered: 7/25/2003 Administrative Record
                                                                                                                                                                                                                                                    Notice of Administrative Record. Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 41 Filed: 7/24/2003, Entered: 7/24/2003 Memorandum in Support
                                                                                                                                                                                                                                                      Memorandum in Support of Defendant Thorne's Motion for Extension of Time to Respond to Plaintiffs' Motion for Summary Judgment. Filed by Oregon Department of Human Services. (Related document(s)[34]) (Fletcher, Charles)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 40 Filed: 7/24/2003, Entered: 7/24/2003, Terminated: 8/1/2003 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                        Motion for Extension of Time to File a Response/Reply to Motion # [34].. Filed by Oregon Department of Human Services. (Fletcher, Charles)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 39 Filed: 7/22/2003, Entered: 7/23/2003 Declaration
                                                                                                                                                                                                                                                          Declaration of Leighton Ku. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 38 Filed: 7/22/2003, Entered: 7/23/2003 Declaration
                                                                                                                                                                                                                                                            Declaration of John Duke. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 37 Filed: 7/22/2003, Entered: 7/23/2003 Declaration
                                                                                                                                                                                                                                                              Declaration of Steven Delashmutt. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 36 Filed: 7/22/2003, Entered: 7/23/2003 Concise Statement of Material Fact
                                                                                                                                                                                                                                                                Concise Statement of Material Fact. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 35 Filed: 7/22/2003, Entered: 7/23/2003 Memorandum in Support
                                                                                                                                                                                                                                                                  Memorandum in Support of Motion for Summary Judgment. Filed by all plaintiffs. (Related document(s)[34]) (Kirk, )
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 34 Filed: 7/22/2003, Entered: 7/23/2003, Terminated: 4/6/2004 Motion for Summary Judgment
                                                                                                                                                                                                                                                                    Motion for Summary Judgment (Oral Argument Requested). Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 33 Filed: 7/21/2003, Entered: 7/21/2003 Reply
                                                                                                                                                                                                                                                                      Supplemental Reply in Support of Motion to Dismiss. Filed by Oregon Department of Human Services. (Related document(s)[28]) (Fletcher, Charles)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 32 Filed: 7/14/2003, Entered: 7/16/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                        Rule 16 Order. ORDER - Setting a telephone Rule 16 conference before Judge Stewart on Monday, 8/25/2003 at 1:30 PM by telephone. The court will initiate the conference call. SEE ORDER. Signed 7/14/2003 by Judge Janice M. Stewart. (da, )
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 31 Filed: 7/14/2003, Entered: 7/15/2003 Response
                                                                                                                                                                                                                                                                          Supplemental Response to Defendant Thorne's Supplemental Memorandum in Support of Motion to Dismiss. Filed by all plaintiffs. (Related document(s)[11]) (Kirk, )
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 30 Filed: 7/11/2003, Entered: 7/14/2003 Answer to Amended Complaint
                                                                                                                                                                                                                                                                            Answer to Amended Complaint Answer to Second Amended Complaint (Related Doc # [26]). Filed by Centers for Medicare and Medicaid Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 29 Filed: 7/1/2003, Entered: 7/3/2003 Joint ADR Report
                                                                                                                                                                                                                                                                              Joint ADR Report: Parties have requested that ADR may be helpful at a later date following completion of submission of the Administrative Record and filing of dispositive motions. Counsel have not yet held any settlement discussions with their clients. Filed by all parties. (gm)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 28 Filed: 6/30/2003, Entered: 6/30/2003 Memorandum in Support
                                                                                                                                                                                                                                                                                Supplemental Memorandum in Support of Motion to Dismiss. Filed by Oregon Department of Human Services. (Related document(s)[12]) (Fletcher, Charles)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 27 Filed: 6/24/2003, Entered: 6/24/2003 Attorney Substitution
                                                                                                                                                                                                                                                                                  Notice of Substitution of Attorney. Charles E. Fletcher appearing in place of Attorney Stephen K. Bushong. Filed by Oregon Department of Human Services. (Fletcher, Charles)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 26 Filed: 6/13/2003, Entered: 6/18/2003 Amended Complaint
                                                                                                                                                                                                                                                                                    Second Amended Complaint. Filed by Demon Harvey, Michael McCarthy, Mary Gaye Reyes, Elizabeth A. Spry, Gary Spry against Centers for Medicare and Medicaid Services, Oregon Department of Human Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                      Blank 25 Filed: 6/13/2003, Entered: 6/13/2003 Motion HearingCourt Filing
                                                                                                                                                                                                                                                                                      CIVIL MINUTES: Record of Proceedings on 6/12/2003 before Judge Janice M. Stewart. Oral argument heard on Defendant Thorne's Motion to Dismiss (docket #11). Striking current case schedule and deadlines and resetting as follows: Plaintiffs' Second Amended Complaint due by 6/16/2003. Thorne's Supplemental Briefing due by 6/30/2003. Plaintiffs' response due by 7/14/2003. Thorne's Reply due by 7/21/2003. Taking motion under advisement on 7/21/2003. Counsel Present for Plaintiff: Lorey Freeman. Counsel Present for Defendant: Stephen Bushong. Tape No: FTR06122003. (stewart2, )
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 24 Filed: 6/6/2003, Entered: 6/9/2003 Amended Complaint
                                                                                                                                                                                                                                                                                        First Amended Complaint. Filed by Demon Harvey, Michael McCarthy, Mary Gaye Reyes, Elizabeth A. Spry, Gary Spry against Centers for Medicare and Medicaid Services, Oregon Department of Human Services, United States of Health & Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 23 Filed: 6/2/2003, Entered: 6/2/2003 Reply
                                                                                                                                                                                                                                                                                          Reply Memorandum in Support of Motion to Dismiss. Filed by Oregon Department of Human Services. (Bushong, Stephen)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 22 Filed: 5/29/2003, Entered: 5/30/2003 Return of Service Executed as to USA
                                                                                                                                                                                                                                                                                            Return of Service of Summons and Complaint. Service Executed upon Tommy Thompson, Sect'y HHS on 5/12/03. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 21 Filed: 5/29/2003, Entered: 5/30/2003 Return of Service Executed as to USA
                                                                                                                                                                                                                                                                                              Return of Service of Summons and Complaint. Service Executed upon Thomas Scully, Administrator at HHS on 5/12/03. Filed by all plaintiffs. (Kirk, )
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 20 Filed: 5/27/2003, Entered: 5/28/2003 Attorney Substitution
                                                                                                                                                                                                                                                                                                Notice of Substitution of Attorney Stephen K. Bushong for Oregon Department of Human Services in place of Attorney Katrina M Lonborg... (Kirk, )
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 19 Filed: 5/19/2003, Entered: 5/22/2003 Response to Motion
                                                                                                                                                                                                                                                                                                  Response to Motion to Dismiss. Filed by all plaintiffs. (Related motion(s)[11]) (Kirk, )
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 5/19/2003, Entered: 5/22/2003 Attorney Appearance
                                                                                                                                                                                                                                                                                                    Notice of Appearance by Attorney Adrea Gacki for Centers for Medicare and Medicaid Services and United States of Health & Human Services (Defendants named as Thompson & Scully). (Kirk, )
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                                                                                                                                                                                                                                                                                                      Blank 17 Filed: 5/9/2003, Entered: 5/9/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                                                                                                      Record of ORDER by Judge Stewart:Granting Plaintiff's unopposed motion, # [16], for Extension of Time to File Response to State Defendants' Motion to Dismiss, #[11]. ORDER - Plaintiff's response due by 5/19/2003 and Defendants' reply due by 6/2/2003. Oral Argument is reset before Judge Stewart from 6/2/2003 to Thursday, 6/12/2003 at 09:30AM in Portland. (Related documents(s) [11]) (da, )
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 16 Filed: 5/7/2003, Entered: 5/9/2003, Terminated: 5/9/2003 Motion for Extension of Time to File Response/Repl
                                                                                                                                                                                                                                                                                                        Motion for Extension of Time to File a Response/Reply to Motion # [11]. Plaintiffs' unopposed motion for extension of time (to 5/19/2003) to file response to State defendants' motion to dismiss. Filed by all plaintiffs. (da, )
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                                                                                                                                                                                                                                                                                                          Blank 14 Filed: 5/5/2003, Entered: 5/5/2003 SchedulingCourt Filing
                                                                                                                                                                                                                                                                                                          CIVIL MINUTES:Record of Order by Judge Stewart - Setting Defendant Thorne's motion to dismiss, #11, for oral argument before Judge Stewart on 6/2/2003 at 09:30AM in Portland.ORDER: When submitting dispositive motions and memoranda to the Court, the parties not participating in ECF (Electronic Case Filing) shall either file (in a format compatible with Word Perfect) a disk containing their motions and memoranda, excluding exhibits, or send copies by e-mail to Donna_Ausbie@ord.uscourts.gov. A MOTION, RESPONSE, OR REPLY WHICH FAILS TO COMPLY WITH THIS ORDER WILL BE STRICKEN. (Related documents(s) [11]) (da, )
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 15 Filed: 4/29/2003, Entered: 5/5/2003 Certificate Of Service.
                                                                                                                                                                                                                                                                                                            Amended Certificate of Service. Filed by Oregon Department of Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 13 Filed: 4/28/2003, Entered: 4/29/2003 Affidavit
                                                                                                                                                                                                                                                                                                              Affidavit of Jim Edge. Filed by Oregon Department of Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 12 Filed: 4/28/2003, Entered: 4/29/2003 Memorandum in Support
                                                                                                                                                                                                                                                                                                                Memorandum in Support of Motion to Dismiss. Filed by Oregon Department of Human Services. (Related document(s)[11]) (Kirk, )
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 4/28/2003, Entered: 4/29/2003 Motion to Dismiss
                                                                                                                                                                                                                                                                                                                  Motion to Dismiss (Oral Argument Requested). Filed by Oregon Department of Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 3/27/2003, Entered: 3/31/2003 Waiver of Service Summons
                                                                                                                                                                                                                                                                                                                    Waiver of Service of Summons-- Accepted by Jean Thorne, Director of Oregon Department of Human Services on 3/26/03.. Filed by Oregon Department of Human Services. (Kirk, )
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 3/3/2003, Entered: 3/3/2003 Discovery Order
                                                                                                                                                                                                                                                                                                                      Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Janice M. Stewart. Discovery to be completed by 7/1/2003. Joint Alternate Dispute Resolution Report due by 7/31/2003. Pretrial Order due by 7/31/2003. (Kirk, )
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 2/27/2003, Entered: 2/28/2003 Notice of Lawsuit
                                                                                                                                                                                                                                                                                                                        Notice of Lawsuit and Request for Waiver of Service of Summons Response to the Notice of Lawsuit and Request for Waiver of Service due by 3/31/2003. (Attachments: # (1) complaint)(da, )
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 2/27/2003, Entered: 2/28/2003 Order on motion/application for leave to proceed iCourt Filing
                                                                                                                                                                                                                                                                                                                          ORDER:Confirming Motion for Leave to Proceed IFP (Related Doc #[1]). Signed on 2/27/2003 by Judge Janice M. Stewart. (da, )
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 2/26/2003, Entered: 2/26/2003 Case Reassignment NoticeCourt Filing
                                                                                                                                                                                                                                                                                                                            Notice of Case Reassignment by Judge Anna J. Brown: Case reassigned from Anna J. Brown to Janice M. Stewart. (sm, )
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 2/26/2003, Entered: 2/26/2003 SchedulingCourt Filing
                                                                                                                                                                                                                                                                                                                              CIVIL MINUTES:Record of Order -- Due to a Conflict of Interest, the Clerk is directed to REASSIGN this matter in the normal course. Ordered by Judge Anna J. Brown. (sm, )
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 2/24/2003, Entered: 2/26/2003 Case Reassignment NoticeCourt Filing
                                                                                                                                                                                                                                                                                                                                Notice of Case Reassignment by Judge Anna J. Brown: Case reassigned from Judge Robert E. Jones to Judge Anna J. Brown. (kw, )
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 1/28/2003, Entered: 1/29/2003 Case Assignment NoticeCourt Filing
                                                                                                                                                                                                                                                                                                                                  Notice of Case Assignment to Judge Robert E. Jones. (mja, )
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 1/28/2003, Entered: 1/29/2003 Complaint
                                                                                                                                                                                                                                                                                                                                    Complaint (Class Action for Declaratory and Injunctive Relief). Filed by Demon Harvey, Michael McCarthy, Mary Gaye Reyes, Elizabeth A. Spry, Gary Spry against Centers for Medicare and Medicaid Services, Oregon Department of Human Services, United States of Health & Human Services. (mja, )
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                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 1 Filed: 1/28/2003, Entered: 1/29/2003 Application for leave to proceed ifp
                                                                                                                                                                                                                                                                                                                                      Motion/Application for Leave to Proceed IFP. Filed by Elizabeth A. Spry. (mja, )
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