The status conference opened with Judge Collyer considering the government’s Motion for Discovery (further investigation) of items contained in our complaint. 

Kent Masterson Brown recounted:

The government’s counsel responded by stating that he believed discovery was in order because the Government needed to determine whether the decisions of the Plaintiffs not to accept Medicare, Part A, were in their best financial interests!  Government counsel proceeded to inform the Court that he wanted to depose the Plaintiffs, the officials of the hospitals they routinely use, their insurers, and multiple other parties.

Mr. Brown concluded:

Judge Collyer denied the government’s Motion for Discovery and ordered us to re-file the Statement of Material Facts with it pared down to illustrate just the basic facts of the Plaintiffs having their FEHB benefits and HSAs taken away and the Plaintiffs forced into Medicare, Part A, against their will, as a condition of receiving the Social Security due to the POMS.

The short term timeline:

• May 5, 2010, Plaintiffs re-file the Motion for Summary Judgment
• May 27, 2010, Government responds to the motion
• June 14, 2010, Plaintiffs respond to the government’s response