FAIN v. CROUCH

CIVIL ACTION No. 3:20-0740.

540 F.Supp.3d 575 (2021)

Christopher FAIN; Zachary Martell; and Brian McNemar, individually and on behalf of all others similarly situated, Plaintiffs, v. William CROUCH, in his official capacity as Cabinet Secretary of the West Virginia Department of Health and Human Resources; Cynthia Beane, in her official capacity as Commissioner for the West Virginia Bureau for Medical Services; West Virginia Department of Health and Human Resources, Bureau for Medical Services; Ted Cheatham, in his official capacity as Director of the West Virginia Public Employees Insurance Agency; and the Health Plan of West Virginia, Inc., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

Signed May 19, 2021.


Attorney(s) appearing for the Case

Anna P. Prakash , Nicole Jean Schladt , Nichols Kaster, Minneapolis, MN, Avatara Antoinette Smith-Carrington , Lambda Legal Defense and Education Fund, Dallas, TX, Carl Solomon Charles , Lambda Legal, Atlanta, GA, Nora Huppert , Lambda Legal Defense and Education Fund, Los Angeles, CA, Sasha J. Buchert , Lambda Legal Defense and Education Fund, Washington, DC, Tara L. Borelli , Lambda Legal Defense and Education Fund, Decatur, GA, Walt Auvil , The Employment Law Center, Parkersburg, WV, for Plaintiffs.

Caleb B. David , Kimberly M. Bandy , Lou Ann S. Cyrus , Roberta F. Green , Shuman McCuskey & Slicer, Charleston, WV, for Defendants William Crouch, Cynthia Beane, West Virginia Department of Health and Human Resources, Bureau for Medical Services.

Christopher K. Weed , David E. Rich , Eric Salyers , Perry W. Oxley , Oxley Rich Sammons, Huntington, WV, for Defendant Ted Cheatham.

Aaron C. Boone , Bowles Rice, Parkersburg, WV, Stuart A. McMillan , Bowles Rice, Charleston, WV, for Defendant The Health Plan of West Virginia, Inc.


MEMORANDUM OPINION AND ORDER

Pending before the Court are Defendant Ted Cheatham's Motion to Dismiss the Complaint (ECF No. 22), and Defendants William Crouch, Cynthia Beane, and the West Virginia Department of Health and Human Resources, Bureau for Medical Services' (collectively, "WVDHHR...

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