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READ MOREA roundup of elder law news and practice development articles culled from news sources across the nation during the week of June 3, 2025, to June 9, 2025.
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FROM THE KNOWLEDGE BANK
A U.S. district court in Colorado stays discovery pending its decision on a motion to dismiss a claim that Colorado’s laws regarding special needs trusts (SNTs) conflict with federal Medicaid law. Brockman v. Bimestefer (D. Colo., No. 19-cv-01153-WJM-KMT, Sept. 12, 2019).
The settlement proceeds that Mendy Brockman received for injuries from a car crash were placed in an SNT established by the court and approved by the Colorado Department of Health Care Policy & Financing (HCPF) in 2014. Ms. Brockman received Medicaid benefits until she removed herself from the Medicaid program on January 1, 2019. In March 2019, HCPF directed Ms. Brockman to terminate her SNT and reimburse the State of Colorado $422,486 for the medical benefits she had received. HCPF based its demand on two Colorado laws: 10 C.C.R. 2505-10, § 8.100.7.E.6.b.i.e, and C.R.S. § 15-14-412.8.
Jason Brockman, trustee of Ms. Brockman’s SNT, along with Ms. Brockman, filed suit challenging HCPF’s direction, claiming that the two state laws conflict with federal Medicaid law. They sought declaratory and injunctive relief only. HCPF responded with a motion to stay discovery pending resolution of its motion to dismiss, followed immediately by a motion to dismiss. In support of its motion to stay discovery, HCPF argued, inter alia, that a stay of discovery is the most efficient use of resources until the parties know what claims survive. The Brockmans did not oppose the motion to stay discovery.
The United States District Court, District of Colorado, grants HCPF’s motion and stays discovery pending further order of the court. The court invokes Rule 26(c) of the Federal Rules of Civil Procedure and its general power to control the disposition of matters on its docket, then weighs five factors generally considered under Colorado law. Concluding that the lack of prejudice to the Brockmans, who prefer a stay in proceedings, the convenience to the court, and a strong public interest in deciding early on whether Colorado law on SNTs conflicts with federal law all weigh in favor of a stay, the court stays discovery.
To read the court’s full opinion, click here.
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