Liberty University, Inc. et al. v. Geithner et al.

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.

Case Materials

  • 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

Docket Reports

The following docket reports are available: