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Columbus Rq Jud N and X Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 1 of 287 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CITY OF COLUMBUS, et al., Plaintiffs, v. No. 18-cv-2364-DKC DONALD J. TRUMP, in his official capacity as President of the United States of America, et al., Defendants. REQUEST FOR JUDICIAL NOTICE In support of their motion for summary judgment, Plaintiffs hereby request that the Court take notice of certain relevant documents and facts. Under Rule 201 of the Federal Rules of Evidence, a district court may take judicial notice of any document or fact “not subject to reasonable dispute because it … can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). Courts accordingly “may properly take judicial notice of matters of public record.” Philips v. Pitt Cty. Mem’l Hosp., 572 F.3d 176, 180 (4th Cir. 2009). Matters of public record subject to judicial notice include information publicly available on government websites and from other government sources. See, e.g., United States v. Garcia, 855 F.3d 615, 621 (4th Cir. 2017) (noting that “[t]his court and numerous others routinely take judicial notice of information contained on state and federal government websites”); Hall v. Virginia, 385 F.3d 421, 424 n.3 (4th Cir. 2004) (taking judicial notice of publicly available information on state government’s website); United States v. Cecil, 836 F.2d 1431, 1452 (4th Cir. 1988) (“[C]ourts may take judicial notice of official governmental reports and statistics.”). Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 2 of 287 Plaintiffs therefore request that the Court take notice of the following documents: 1. Attached as Exhibit 1 is a true and correct copy of State-Based Exchanges, Ctr. for Consumer Info. & Ins. Oversight, available at https://www.cms.gov/CCIIO/Resources/Fact- Sheets-and-FAQs/state-marketplaces (last updated November 1, 2019). 2. Attached as Exhibit 2 is a true and correct copy of When Is Open Enrollment for 2020?, Health Mkts. (Apr. 15, 2020), available at https://www.healthmarkets.com/resources/health-insurance/open-enrollment/. 3. Attached as Exhibit 3 is a true and correct copy of Donald J. Trump (@realDonaldTrump), Twitter (July 28, 2017, 2:25 AM), available at https://twitter.com/realDonaldTrump/status/890820505330212864. 4. Attached as Exhibit 4 is a true and correct copy of Remarks by President Trump at the 2017 Values Voter Summit, White House (Oct. 13, 2017), available at https://www.whitehouse.gov/briefings-statements/remarks-president-trump-2017-values-voter- summit/. 5. Attached as Exhibit 5 is a true and correct copy of Remarks by President Trump at S.204, “Right to Try” Bill Signing, White House (May 30, 2018), available at https://www.whitehouse.gov/briefings-statements/remarks-president-trump-s-204-right-try-bill- signing/. 6. Attached as Exhibit 6 is a true and correct copy of excerpts of Remarks by President Trump at a Fox News Town Hall, Scranton, PA, White House (Mar. 6, 2020), available at https://www.whitehouse.gov/briefings-statements/remarks-president-trump-fox- news-town-hall-scranton-pa/. 2 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 3 of 287 7. Attached as Exhibit 7 is a true and correct copy of excerpts of Remarks by President Trump on Protecting Seniors with Diabetes, White House (May 26, 2020), available at https://www.whitehouse.gov/briefings-statements/remarks-president-trump-protecting-seniors- diabetes/. 8. Attached as Exhibit 8 is a true and correct copy of Insurance Expansion, Hospital Uncompensated Care, and the Affordable Care Act, HHS (Mar. 23, 2015), available at https://aspe.hhs.gov/system/files/pdf/139226/ib_UncompensatedCare.pdf. 9. Attached as Exhibit 9 is a true and correct copy of Thomas DeLeire et al., Impact of Insurance Expansion on Hospital Uncompensated Care Costs in 2014, HHS (Sept. 24, 2014), available at https://aspe.hhs.gov/system/files/pdf/77061/ib_UncompensatedCare.pdf. 10. Attached as Exhibit 10 is a true and correct copy of The Economic Record of the Obama Administration: Reforming the Health Care System, Council of Econ. Advisers (Dec. 2016), available at https://obamawhitehouse.archives.gov/sites/default/files/page/files/20161213_cea_record_healh_ care_reform.pdf. 11. Attached as Exhibit 11 is a true and correct copy of Kelsey Avery et al., Affordable Care Act Has Led to Historic, Widespread Increase in Health Insurance Coverage, HHS (Sept. 29, 2016), available at https://aspe.hhs.gov/system/files/pdf/207946/ACAHistoricIncreaseCoverage.pdf. 12. Attached as Exhibit 12 is a true and correct copy of Health Insurance Coverage for Americans with Pre-Existing Conditions: The Impact of the Affordable Care Act, HHS (Jan. 5, 2017), available at https://aspe.hhs.gov/system/files/pdf/255396/Pre-ExistingConditions.pdf. 3 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 4 of 287 13. Attached as Exhibit 13 is a true and correct copy of Namrata Uberoi et al., Health Insurance Coverage and the Affordable Care Act, 2010-2016, HHS (Mar. 3, 2016), available at https://aspe.hhs.gov/system/files/pdf/187551/ACA2010-2016.pdf. 14. Attached as Exhibit 14 is a true and correct copy of State Health Insurance Marketplace Types 2020, Kaiser Family Found., available at https://www.kff.org/health- reform/state-indicator/state-health-insurance-marketplace-types/ (last visited Aug. 7, 2020). Dated: August 13, 2020 Respectfully submitted, City of Columbus /s/ John T. Lewis Zach Klein (OH Bar No. 0078222) John T. Lewis (DC Bar No. 1033826) City Attorney (pro hac vice) Counsel Richard N. Coglianese (OH Bar No. 0066830) City Solicitor General Sean A. Lev (DC Bar No. 449936) (pro hac vice) Lara N. Baker-Morrish (OH Bar No. 0063721) Legal Director Chief Counsel Democracy Forward Foundation Jennifer L. Shea (OH Bar No. 0085239) 1333 H St. NW Assistant City Attorney Washington, DC 20005 (202) 448-9090 Columbus City Attorney’s Office [email protected] 77 North Front Street, 4th Floor [email protected] Columbus, OH 43215 (614) 645-7385 Sara Kropf (D. Md. Bar No. 26818) [email protected] Kropf Moseley PLLC [email protected] 1100 H Street NW, Suite 1220 [email protected] Washington DC 20005 [email protected] 202-627-6900 [email protected] Mayor and City Council of Baltimore Dana P. Moore (D. Md. Bar No. 03632) Counsel for All Plaintiffs Acting Baltimore City Solicitor Stephen W. Miller (D. Md. Bar No. 19957) Suzanne Sangree (D. Md. Bar No. 26130) Harris, Wiltshire & Grannis LLP Senior Public Safety Counsel & Director of 1919 M Street NW, Eighth Floor Affirmative Litigation Washington, DC 20036 (202) 730-1305 4 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 5 of 287 Jane Lewis (D. Md. Bar No. 20981) [email protected] Assistant Solicitor Counsel for Plaintiffs Columbus, Baltimore, Baltimore City Department of Law Cincinnati, Chicago, Steve Vondra, and City Hall, Room 109 Bonnie Morgan 100 N. Holliday Street Baltimore, MD 21202 (443) 388-2190 [email protected] [email protected] [email protected] City of Cincinnati Andrew W. Garth (OH Bar No. 089349) Interim City Solicitor Emily Smart Woerner (OH Bar No. 089349) Deputy City Solicitor Jacklyn Gonzales Martin (OH Bar No. 0090242) Assistant City Solicitor Office of the City Solicitor, Cincinnati City Hall, Room 214 801 Plum St. Cincinnati, OH 45202 (513) 352-3315 [email protected] [email protected] City of Chicago Mark A. Flessner (IL Bar No. 6194599) Corporation Counsel Stephen J. Kane (IL Bar No. 6272490) Deputy Corporation Counsel Affirmative Litigation Division City of Chicago Department of Law 121 N. LaSalle St., Room 600 Chicago, IL 60602 (312) 744-6934 [email protected] [email protected] 5 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 6 of 287 City of Philadelphia Marcel S. Pratt Solicitor of the City of Philadelphia Diana P. Cortes (PA Bar No. 204274) Chair, Litigation Group Eleanor N. Ewing (PA Bar No. 28226) Chief Deputy Solicitor, Affirmative & Special Litigation Unit Benjamin H. Field (PA Bar No. 204569) Divisional Deputy City Solicitor, Affirmative & Special Litigation Unit City of Philadelphia Law Department 1515 Arch Street, 17th Floor Philadelphia, PA 19102 (215) 683-5000 [email protected] [email protected] [email protected] 6 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 7 of 287 Exhibit 1 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 8 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 9 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 10 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 11 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 12 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 13 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 14 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 15 of 287 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 16 of 287 Exhibit 2 Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 17 of 287 When Is Open Enrollment 2020? Dates & Deadlines for Each State Case 1:18-cv-02364-DKC Document 108-2 Filed 08/13/20 Page 18 of 287 Iowa November 1, 2019 – December 18, 2019 Life Insurance Kansas November 1, 2019 – December 18, 2019 Medicare Kentucky November 1, 2019 – December 18, 2019 Louisiana November 1, 2019 – December 18, 2019 Wellness Maine November 1, 2019 – December 18, 2019 Videos Maryland See chart below.
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