Home - Brian Hall, et al. v. Kathleen Sebelius, etc. et al.  
 
Legal Documents

The legal documents filed on behalf of the plaintiffs include:

 

Title:   Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment
Date Filed:   March 18, 2009
What It Is:   A comprehensive overview of the legal reasons that the court should deny the defendants' Motion to Dismiss and grant the plaintiffs' request for Summary Judgment.

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Title: Plaintiff Brian Hall's Motion for a Temporary Restraining Order
Date Filed: January 6, 2009
What It Is: A motion asking the U.S. District Court for the District of Columbia to issue a temporary restraining order barring the defendants from automatically enrolling Plaintiff Brian Hall in Medicare Part A when he reaches the Medicare eligible age in January 2009.

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Title:   Plaintiff Brian Hall's Motion for a Preliminary Injunction
Date Filed:   January 6, 2009
What It Is:   A motion asking the U.S. District Court for the District of Columbia to issue a preliminary injunction barring the defendants from automatically enrolling Brian Hall in Medicare Part A when he reached the Medicare eligible age in January 2009.

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Title:   Plaintiffs' Memorandum of Points and Authorities in Support of the Motions for a Temporary Restraining Order and Preliminary Injunction
Date Filed:   January 6, 2009
What It Is:   An overview of the facts surrounding the case, the legal rationale as to why the Court should issue the temporary restraining order and preliminary injunction until the conclusion of the case, and the reasons why there is a substantial likelihood the plaintiffs will succeed on the merits of the case.

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Title:   Declaration of Brian Hall
Date Filed:   January 6, 2009
What It Is:   A formal narrative presenting Plaintiff Brian Hall's claims in the lawsuit.

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Title:   Declaration of Gabrielle Kotoski
Date Filed:   January 6, 2009
What It Is: A formal narrative from Gabrielle Kotoski, a RN, President of Medical Communications Management Group, and a nationally recognized health care reimbursement specialist, outlining the reasons she believes Medicare is an inferior health care coverage program.

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Title: Verified Amended and Substituted Complaint for Declaratory Judgment, a Restraining Order and Preliminary and Permanent Injunctive Relief
Date Filed: December 15, 2008
What it is: The amended complaint adding Richard K. Armey and John J. Kraus as plaintiffs and requesting a restraining order barring the Department of Health and Human Services from enrolling existing plaintiff Brian Hall in Medicare for the duration of the litigation

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Title: Verified Complaint for Declaratory Judgment and Preliminary and Permanent Injunctive Relief
Date Filed: October 9, 2008
What it is: The original complaint filed by plaintiffs Hall, Randall and Rogers

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Title: Affidavit of David A. Nelson
Date Filed: October 9, 2008
What it is: An affidavit from David A. Nelson of Junction City, Oregon, a senior who was automatically enrolled in Medicare, Part A, despite making it clear to the Social Security Administration that he did not wish to enroll in the program. Mr. Nelson tried for many months to have HHS reverse the automatic enrollment. In the end, however, HHS said it would "not make a determination" about his desire and ability to opt out of the Medicare.

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