On March 23, 2010, Plaintiff Liberty University, with others, commenced civil litigation naming Treasury Secretary Timothy Geithner, and others, as Defendants. The case, #6:10-cv-15, is classified as a civil rights case and challenges the constitutionality of a state statute which purports to nullify certain provisions of the Patient Protection and Affordable Care Act (PPACA). The case is assigned to Judge Norman Moon.
On 14-Apr-2010, the Plaintiffs filed an Amended Complaint. Service was effective on 15-Apr-2010, so the Defendants' Answer to the Complaint is expected by the Clerk on or before 14-Jun-2010.
In August, the Defendants made Motion to Dismiss and the Court issued a pre-trial scheduling Order.
The Defendants' Motion to Dismiss is pending. The Plaintiffs must file a responsive brief by 3-Sep-2010 (the same a brief is due in the Eastern District case) and the Defendants may file a responsive brief on or before 15-Sep-2010. Discovery is stayed pending outcome of motion to dismiss; however, discovery is anticipated, due in part to the nature of some claims asserted by Plaintiffs (and denied by Defendants): the need for discovery suggests that some claims are note merely matters of law, suggesting that in some instances the Court will function as a finder of fact.
- Item 19 - AFFIDAVIT of Service for First Amended Complaint dated April 14, 2010; Served on Defendants on May 26, 2010.
- Item 20 - Defendants' Motion for Extension of Time to File Response/Reply
- Item 20 - Order granting Defendants' Motion for Extension of Time to File Response/Reply
- Item 24 - Plaintiffs' Amended Complaint (Second)
- Item 25 - Defendants' Motion to Dismiss
- Item 26 - Defendants' Brief in Support of Defendants' Motion to Dismiss
- Item 29 - Order Setting Schedule and Procedures for Trial
- Item 31 - Revised Order Setting Schedule and Procedures
- Item 32 - Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss
- Item 34 - Order setting schedule: Plaintiffs' Reply Brief Now Due 22-Sep-2010
- Item 35 - Notice of Hearing (Re: Motion to Dismiss; 22-Oct-2010, 10:00 AM, Lynchburg)
- Item 36 - Defendants' Reply to Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss
The following docket reports are available:
- 2010-09-22, items through 35