Toigo v. Department of Health and Senior Services et al

Missouri Western District Court
Judge:	Nanette K Laughrey
Case #:	2:20-cv-04243
Nature of Suit	950 Other Statutes - Constitutionality of State Statutes
Cause	28:2201 Declaratory Judgement

Case Filed:	Dec 11, 2020
Terminated:	Nov 15, 2021

Last checked: Wednesday Jun 09, 2021 3:22 AM CDT

Defendant Department of Health and Senior Services State of Missouri 912 Wildwood P.O. Box 570 Jefferson City, MO 65102	Represented By Emily A. Dodge Missouri Attorney General'S Office-Jc contact info
Defendant Robert Knodell
Plaintiff Mark Toigo 305 N. Old Stonehouse Road Carlisle, PA 17015	Represented By Benjamin Allen Stelter-Embry Protzman Law Firm LLC contact info Andrew B Protzman Protzman Law Firm contact info
TERMINATED PARTIES
Defendant Randall W. Williams, M.D. Terminated: 05/17/2021 Jefferson City, MO 65102	Represented By Emily A. Dodge Missouri Attorney General'S Office-Jc contact info

GPO Jan 24 2022
ORDER by Judge Nanette K. Laughrey granting in part Plaintiff's motion for attorney's fees (Doc. 42). (Sreeprakash, Netra)

Docket last updated: 05/09/2025 11:59 PM CDT

Monday, February 14, 2022
49		49 misc Costs Taxed Mon 02/14 11:25 AM COSTS TAXED in amount of $551.35 against Defendants Department of Health and Senior Services, et al. (Siegert, Karen) Related: [-]
Tuesday, January 25, 2022
48		48 order Clerk's Judgment Tue 01/25 10:38 AM CLERK'S JUDGMENT as to attorney's fees. (Lock, Tania) Related: [-]
Monday, January 24, 2022
47		47 6 pgs order Order on Motion for Attorney Fees Mon 01/24 5:07 PM ORDER by Judge Nanette K. Laughrey granting in part Plaintiff's motion for attorney's fees (Doc.42 ). (Sreeprakash, Netra) Related: [-]
Wednesday, December 22, 2021
46		46 respm Reply Suggestions to Motion Wed 12/22 3:15 PM REPLY SUGGESTIONS to motion re42 MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo. Related [+] (Stelter-Embry, Benjamin) Related: [-] 42
		Att: 1 Exhibit Missouri Lawyer's Weekly 2021 Billing Rates Survey
Wednesday, December 08, 2021
45		45 respm Suggestions in Opposition to Motion Wed 12/08 4:34 PM SUGGESTIONS in opposition re42 MOTION for attorney fees filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Donald G. Kauerauf. Reply suggestions due by 12/22/2021 unless otherwise directed by the court. Related [+] (Attorney Emily A. Dodge added to party Donald G. Kauerauf(pty:dft))(Dodge, Emily) Related: [-] 42
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C
44		44 misc Affidavit Wed 12/08 1:12 PM AFFIDAVIT re43 Suggestions in Support of Motion, Amended Declaration of Benjamin Stelter-Embry by Mark Toigo. Related [+] (Stelter-Embry, Benjamin) Related: [-] 43
Wednesday, November 24, 2021
43		43 respm Suggestions in Support of Motion Wed 11/24 9:48 AM SUGGESTIONS in support re42 MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo. Related [+] (Stelter-Embry, Benjamin) Related: [-] 42
		Att: 1 Affidavit,
		Att: 2 Exhibit Exhibit 1-A,
		Att: 3 Exhibit Exhibit 1-B,
		Att: 4 Exhibit Exhibit 1-C
42		42 motion Attorney Fees Wed 11/24 9:46 AM MOTION for attorney fees filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 12/8/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) Related: [-]
41		41 misc Proposed Bill of Costs Wed 11/24 9:37 AM PROPOSED BILL OF COSTS by Mark Toigo.Objections to Bill of Costs due by 12/8/2021 unless otherwise directed by the court. (Stelter-Embry, Benjamin) Related: [-]
Monday, November 15, 2021
40		40 order Clerk's Judgment Mon 11/15 12:04 PM CLERK'S JUDGMENT (Lock, Tania) Related: [-]
39		39 order Permanent Injunction Mon 11/15 12:00 PM ORDER on PERMANENT INJUNCTION entered by District Judge Nanette K. Laughrey. Signed on 11/15/2021 by District Judge Nanette K. Laughrey. A copy of the order containing a wet signature provided to Finance. (Lock, Tania) Related: [-]
Wednesday, October 27, 2021
38		38 misc Electronic Transcript Wed 10/27 2:24 PM ELECTRONIC TRANSCRIPT of motion hearing held October 7, 2021, before Judge Nanette K. Laughrey. Court Reporter: Kathy Calvert, 816-512-5741, kathy_calvert@mow.uscourts.gov. Number of pages: 6. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 11/3/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 1/25/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Calvert, Kathy) Related: [-]
Thursday, October 07, 2021
		order Order on Motion to Substitute Party Thu 10/07 10:18 AM ORDER by Judge Nanette K. Laughrey. Defendants' motion for an order pursuant to Federal Rule of Civil Procedure 25(d) directing the substitution of Donald G. Kauerauf, Director of the Missouri Department of Health and Senior Services, in place of defendant Robert Knodell, who previously served as the Acting Director of that entity, is GRANTED. Signed on 10/07/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
		minutes Bench Trial - Held Thu 10/07 2:15 PM MINUTE ENTRY: Bench trial on stipulated facts via videoconference held on October 7, 2021, before District Judge Nanette K. Laughrey. Opening statements presented by parties. The Court will grant the permanent injunction; written order to follow. Plaintiff appears in person and by Counsel, Benjamin Stelter-Embry. Defendant appears by Counsel, Emily Dodge. Court Reporter: Kathy Calvert. Courtroom Deputy: Tania Lock. Time in Court: 10:00 a.m. 10:07 a.m. To order a transcript of this hearing please contact Kathy Calvert, 816-512-5741, kathy_calvert@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
Monday, October 04, 2021
35		35 motion Substitute Party Mon 10/04 3:20 PM MOTION to substitute party filed by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D.. Suggestions in opposition/response due by 10/18/2021 unless otherwise directed by the court. (Dodge, Emily) Related: [-]
Monday, September 27, 2021
		notice Notice of Hearing Mon 09/27 2:46 PM ORDER entered by Judge Nanette K. Laughrey. A Bench Trial on Stipulated Facts has been set for 10/7/2021 at 10:00 AM before District Judge Nanette K. Laughrey. It will held by Zoom video conference. The parties will be provided the information needed to connect to the conference by email. (Lock, Tania) Related: [-]
Monday, September 20, 2021
33		33 misc Status Report Mon 09/20 9:54 AM STATUS REPORT by Department of Health and Senior Services. (Dodge, Emily) Related: [-]
Tuesday, August 24, 2021
32		32 order Scheduling Order Tue 08/24 9:06 PM SCHEDULING ORDER by Judge Nanette K. Laughrey. In light of the parties' representation that they have completed discovery, that they will not designate any expert witnesses, and that they are trying to stipulate to the relevant facts, their request that the Court permit them to indicate on or before September 20, 2021 whether the case will be tried on stipulated facts and when the case will be ready for trial is GRANTED. Said status report must be filed on or before September 20, 2021. Dispositive motions must be filed on or before October 29, 2021. Signed on August 24, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) Related: [-]
Thursday, August 19, 2021
31		31 3 pgs misc Proposed Scheduling Order Thu 08/19 3:05 PM Joint PROPOSED SCHEDULING ORDER by Mark Toigo. (Stelter-Embry, Benjamin) Related: [-]
Monday, July 26, 2021
30		30 order Order on Motion to Amend/Correct Mon 07/26 9:00 AM ORDER by Judge Nanette K. Laughrey. Parties Joint Motion to Amend Scheduling Order, Doc.29 , is granted. Parties have until August 20, 2021, to submit a proposed joint scheduling order. No further extensions of this deadline will be granted. Signed on 7/26/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin) Related: [-]
Tuesday, July 20, 2021
29		29 2 pgs motion Amend/Correct Tue 07/20 4:44 PM Joint MOTION to amend/correct11 Order,, filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 8/3/2021 unless otherwise directed by the court. Related [+] (Stelter-Embry, Benjamin) Related: [-] 11
Friday, July 16, 2021
28		28 order Order 1 - Terminate Hearings Fri 07/16 12:19 PM ORDER by Judge Nanette K. Laughrey. The telephone conference scheduled for July 19, 2021, at 9:00 AM, Doc. 26 , is cancelled. Signed on 7/16/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin) Related: [-]
27		27 notice Notice of Filing Fri 07/16 12:10 PM NOTICE of filing Notice of Bond Posting by Mark Toigo(Stelter-Embry, Benjamin) Related: [-]
		Att: 1 Exhibit Exhibit A - Bond Receipt
		misc Receipt Fri 07/16 2:09 PM RECEIPT number KCMO090958 in the amount of $10,000.00 issued to Mark Toigo. (Woods, Gloria) Related: [-]
Thursday, July 15, 2021
26		26 order Order Thu 07/15 1:02 PM ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 07/19/2021 at 9:00 AM to discuss the bond. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 07/15/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
Monday, June 21, 2021
25		25 15 pgs order Order on Motion for Preliminary Injunction Mon 06/21 2:15 PM ORDER by Judge Nanette K. Laughrey. Plaintiff's Motion for Preliminary Injunction, Doc.15 , is granted. Defendants are preliminarily enjoined from enforcing the durational residency requirement in Article XIV, � 1.7(3) of the Missouri Constitution and as promulgated in 19 C.S.R. 30-95.025 and 19 C.S.R. 30-95.040. Signed on 6/21/2021 by District Judge Nanette K. Laughrey. (Levin, Benjamin) Related: [-]
Monday, May 17, 2021
24		24 order Order on Motion to Substitute Party Mon 05/17 1:38 PM ORDER by Judge Nanette K. Laughrey. Defendants Motion to Substitute Party, Doc.23 , is granted. Defendant Randall Williams is substituted for his successor Robert Knodell per Fed. R. Civ. P. 25(d). Signed on 05/17/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
Wednesday, April 28, 2021
23		23 motion Substitute Party Wed 04/28 8:44 AM MOTION to substitute party filed by Emily A. Dodge on behalf of Randall W. Williams, M.D.. Suggestions in opposition/response due by 5/12/2021 unless otherwise directed by the court. (Dodge, Emily) Related: [-]
Monday, April 19, 2021
22		22 respm Reply Suggestions to Motion Mon 04/19 6:01 PM REPLY SUGGESTIONS to motion re15 MOTION for preliminary injunction and suggestions in support filed by Andrew B Protzman on behalf of Plaintiff Mark Toigo. Related [+] (Attorney Andrew B Protzman added to party Mark Toigo (pty:pla))(Stelter-Embry, Benjamin) Related: [-] 15
		Att: 1 Declaration of Mark Toigo
Monday, April 05, 2021
21		21 respm Suggestions in Opposition to Motion Mon 04/05 4:30 PM SUGGESTIONS in opposition re15 MOTION for preliminary injunction and suggestions in support filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D.. Reply suggestions due by 4/19/2021 unless otherwise directed by the court. Related [+] (Dodge, Emily) Related: [-] 15
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C
Friday, April 02, 2021
20		20 discov Certificate of Service Fri 04/02 4:27 PM CERTIFICATE OF SERVICE by Mark Toigo Plaintiff's Responses and Objections to Defendants' First Set of Requests for Production of Documents Directed to Plaintiff filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo.(Stelter-Embry, Benjamin) Related: [-]
Thursday, April 01, 2021
19		19 minutes Telephone Conference Thu 04/01 12:05 PM TELEPHONE CONFERENCE held on April 1, 2021, regarding pending motion for preliminary injunction, Doc.15 . Parties confirm Defendant will file suggestions in opposition to Plaintiffs motion for preliminary injunction on or before April 5, 2021, per the scheduling order. Plaintiffs Counsel: Benjamin Allen Stelter-Embry; Defendants Counsel: Emily A. Dodge; Time in Court 10:06 am 10:08 am. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
Tuesday, March 30, 2021
18		18 order Order Tue 03/30 3:52 PM ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 4/1/2021 at 10:00 AM regarding pending motion for preliminary injunction (doc15 . The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 03/30/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) Related: [-]
Monday, March 15, 2021
17		17 9 pgs order Order on Motion for Protective Order Mon 03/15 1:57 PM PROTECTIVE ORDER entered by Judge Nanette K. Laughrey. The parties' Joint Motion for Protective Order, Doc.16 , is granted. Prior to filing any document under seal or in redacted form, a party must move for and be granted leave to file the document under seal. Signed on 3/15/2021 by District Judge Nanette K. Laughrey. (Levin, Benjamin) Related: [-]
Friday, March 12, 2021
16		16 motion Protective Order Fri 03/12 3:05 PM Joint MOTION for protective order filed by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D.. Suggestions in opposition/response due by 3/26/2021 unless otherwise directed by the court. (Dodge, Emily) Related: [-]
Friday, March 05, 2021
15		15 motion Preliminary Injunction Fri 03/05 5:58 PM MOTION for preliminary injunction and suggestions in support filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Suggestions in opposition/response due by 3/19/2021 unless otherwise directed by the court.(Stelter-Embry, Benjamin) Related: [-]
		Att: 1 Affidavit Declaration of Mark Toigo
Wednesday, March 03, 2021
14		14 discov Certificate of Service Wed 03/03 3:28 PM CERTIFICATE OF SERVICE by Department of Health and Senior Services, Randall W. Williams, M.D. filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) Related: [-]
Wednesday, February 10, 2021
13		13 discov Certificate of service of initial Rule 26 disclosures Wed 02/10 6:03 PM CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Benjamin Allen Stelter-Embry on behalf of Plaintiff Mark Toigo.(Stelter-Embry, Benjamin) Related: [-]
12		12 discov Certificate of Service Wed 02/10 4:55 PM CERTIFICATE OF SERVICE by Department of Health and Senior Services, Randall W. Williams, M.D. filed by Emily A. Dodge on behalf of Defendants Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) Related: [-]
Thursday, February 04, 2021
11		11 3 pgs order Order Thu 02/04 2:44 PM SCHEDULING ORDER entered by Judge Nanette K. Laughrey. Plaintiff shall file a motion for preliminary injunction with supporting suggestions on or before March 5, 2021. Defendant shall file suggestions opposing Plaintiff's motion for preliminary injunction on or before April 5, 2021. Plaintiff shall file reply suggestions in support of his motion for preliminary injunction on or before April 19, 2021. The parties shall file a joint proposed scheduling order no later than 30 days after the Court rules on Plaintiff's motion for preliminary injunction. Signed on 2/4/21 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) Related: [-]
10		10 misc Proposed Scheduling Order Thu 02/04 10:13 AM Joint PROPOSED SCHEDULING ORDER by Mark Toigo. (Stelter-Embry, Benjamin) Related: [-]
Wednesday, January 20, 2021
9		9 answer Answer to Complaint Wed 01/20 3:03 PM Defendants' ANSWER to1 Complaint, for Declaratory and Injunctive Relief on behalf of Department of Health and Senior Services, Randall W. Williams, M.D..(Dodge, Emily) Related: [-]
		notice Notice of Filing Wed 01/20 1:04 AM NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) Related: [-]
Thursday, January 14, 2021
8		8 order Rule 16 Notice Thu 01/14 9:18 AM ORDER entered by Judge Nanette K. Laughrey Proposed scheduling order due by 2/4/2021. Rule 26 conference due by 1/28/2021. Signed on 1/14/21 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) Related: [-]
7		7 service Return of Service of Complaint Executed Thu 01/14 9:04 AM RETURN OF SERVICE of complaint executed by Mark Toigo. Randall W. Williams, M.D. served on 12/30/2020, answer due 1/20/2021. (Stelter-Embry, Benjamin) Related: [-]
6		6 service Return of Service of Complaint Executed Thu 01/14 9:03 AM RETURN OF SERVICE of complaint executed by Mark Toigo. Department of Health and Senior Services served on 12/30/2020, answer due 1/20/2021. (Stelter-Embry, Benjamin) Related: [-]
Tuesday, January 05, 2021
5		5 notice Notice of Appearance Tue 01/05 10:56 AM NOTICE of appearance by Emily A. Dodge on behalf of Department of Health and Senior Services, Randall W. Williams, M.D. (Attorney Emily A. Dodge added to party Department of Health and Senior Services(pty:dft), Attorney Emily A. Dodge added to party Randall W. Williams, M.D.(pty:dft))(Dodge, Emily) Related: [-]
Friday, December 18, 2020
		service Summons Issued Fri 12/18 11:34 AM SUMMONS ISSUED as to Department of Health and Senior Services and Randall W. Williams, M.D. Summons forwarded by email to Plaintiff attorney for service. (Warren, Melissa) Related: [-]
Monday, December 14, 2020
4		4 order Notice of Pretrial Procedure Mon 12/14 3:15 PM ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 12/14/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea) Related: [-]
Friday, December 11, 2020
3		3 notice Notice of MAPN Fri 12/11 3:49 PM NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to an outside mediator. (Warren, Melissa) Related: [-]
		Att: 1 MAP General Order
2		2 order Order Transferring/Reassigning Case Fri 12/11 3:36 PM ADMINISTRATIVE ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge Nanette K. Laughrey for all further proceedings. Magistrate Judge Willie J. Epps, Jr no longer assigned to case. Case number shall now read 20-CV-04243-NKL. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) Related: [-]
1		1 11 pgs cmp Complaint Fri 12/11 2:56 PM COMPLAINT against Department of Health and Senior Services, Randall W. Williams, M.D. filed by Benjamin Allen Stelter-Embry on behalf of Mark Toigo. Filing fee $402, receipt number AMOWDC-7182810. Service due by 3/11/2021 unless otherwise directed by the court.(Stelter-Embry, Benjamin) (Warren, Melissa) Related: [-]
		Att: 1 2 pgs (12/11/2020) Civil Cover Sheet

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