Northport Health Services of Arkansas LLC et al v. U.S. Department of Health & Human Services et al
Plaintiff: NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC, Atkins Care Center, Inc., Luverne Health and Rehabilitation, LLC, Salem Place Nursing and Rehabilitation Center, Inc., Ozark Health and Rehabilitation, LLC, Sherwood Nursing and Rehabilitation Center, Inc., SLNC, Inc., Quapaw Care and Rehabilitation Center, LLC, Tallassee Health and Rehabilitation, LLC, Cabot Health and Rehab, LLC, Nashville Nursing & Rehab, Inc., Westwood Health and Rehab, Inc., Northway Health & Rehabilitation, LLC, JBNC, Inc., Nursing and Rehabilitation Center at Good Shepherd, LLC, South Health and Rehabilitation, LLC, Prattville Health and Rehabilitation, LLC, Legacy Health and Rehabilitation of Pleasant Grove, LLC, Jamestown Nursing and Rehab, LLC, Park Manor Health and Rehabilitation, LLC, Crossville Health and Rehabilitation, LLC, Aspire Physical Recovery Center at Cahaba River, LLC, Belvedere Nursing and Rehabilitation Center, LLC, MMNC, Inc., Country Club Gardens, LLC, CNNC, Inc., PM OPS, Inc., Sumter Health and Rehabilitation, LLC, Wetumpka Health and Rehabilitation, LLC, Heather Manor Care Center, Inc., Robinson Nursing & Rehabilitation Center, LLC, Aspire Physical Recovery Center of West Alabama, LLC, MSNRC OPS, Inc., Shiloh Nursing and Rehab, LLC, HBNC, Inc., Huntsville Health and Rehabilitation, LLC, JRNRC OPS, Inc., OR OPS, Inc., Ashton Place Health and Rehab, LLC, Gulf Coast Health and Rehabilitation, LLC, Beebe Retirement Center, Inc, Hickory Heights Health and Rehab, LLC, Greenbrier Care Center, Inc, Lakewood Health and Rehab, LLC, MHCNC, Inc., Johnson County Health and Rehab, LLC, Windcrest Health and Rehab, Inc., Dardanelle Nursing and Rehabilitation Center, Inc., Moundville Health and Rehabilitation, LLC, SRCNC, Inc., Stella Manor Care Center, Inc., Opp Health and Rehabilitation, LLC, Perry County Care Center, Inc., Eufaula Care Center, Inc., Hendrix Health Care Center, Inc., BNNC, Inc., Florala Health and Rehabilitation, LLC, Georgiana Health and Rehabilitation, LLC, Russellville Care Center, Inc., TXKNC, Inc., Lineville Health and Rehabilitation, LLC, Jonesboro Care and Rehabilitation Center, LLC, AFNC, Inc., HLNC, Inc., Timberlane Care and Rehabilitation Center, LLC, Cherokee County Nursing Center, Inc., Bradford House Nursing and Rehab, LLC, Salco NC 2, Inc., Senior Living Management Group, LLC, South Haven Health and Rehabilitation, LLC, FPNC, Inc., Superior Health & Rehab, LLC, BVNC, Inc., Valley View Health and Rehabilitation, LLC, Palm Gardens Health and Rehabilitation, LLC, Greystone Nursing and Rehab, LLC, Colonel Glenn Health and Rehab, LLC, Linco Health, Inc., Northwest Health and Rehab, Inc., Aspire Physical Recovery Center at Hoover, LLC, Athens Health and Rehabilitation, LLC, Legacy Heights Nursing and Rehab, LLC, Apple Creek Health and Rehab, LLC, Lonoke Health and Rehab Center, LLC, OCNC, Inc., SCNC, Inc., Briarwood Nursing and Rehabilitation Center, Inc., RTNC, Inc., Northport Health Services of Missouri, LLC, Hunter Creek Health and Rehabilitation, LLC, Chapel Ridge Nursing Center, LLC, Jacksonville Health and Rehabilitation, LLC, Oak Knoll Health and Rehabilitation, LLC, WCNC, Inc., MLBNC, Inc., Innisfree Health and Rehab, LLC, GVNC, Inc., Salco NC, Inc., HSNC, Inc., Parks Edge Care Center, Inc., Oak Manor Nursing and Rehabilitation Center, Inc., Ashland Place Health and Rehabilitation, LLC, Columbiana Health and Rehabilitation, LLC, WRNC, Inc., Cordova Health and Rehabilitation, LLC, Northport Health Services of Florida, LLC, Civic Center Health and Rehabilitation, LLC, SLNC, Inc. doing business as Southfork River Therapy and Living, MLBNC, Inc. doing business as Pioneer Therapy and Living, Northport Health Services of Arkansas, LLC doing business as Covington Court Health and Rehabilitation Center doing business as Fayetteville Health and Rehabilitation Center doing business as Springdale Health and Rehabilitation Center doing business, OCNC, Inc. doing business as Silver Oaks Health and Rehabilitation, Northport Health Services of Florida, LLC doing business as Crystal River Health and Rehabilitation Center doing business as Ocala River Health and Rehabilitation Center doing business as Daytona Beach Health and Rehabilitation Center doing business, Northwest Health and Rehab, Inc. doing business as North Hills Life Care and Rehab, MHCNC, Inc. doing business as Care Manor Nursing and Rehab, MMNC, Inc. doing business as The Lakes at Maumelle Health and Rehabilitation, Northport Health Services of Arkansas, LLC doing business as Springdale Health and Rehabilitation Center, SCNC, Inc. doing business as Spring Creek Health & Rehab, WRNC, Inc. doing business as Chapel Woods Health and Rehabilitation, RTNC, Inc. doing business as Rector Nursing and Rehab, SRCNC, Inc. doing business as The Crossing at Riverside Health and Rehabilitation, JBNC, Inc. doing business as Ridgecrest Health and Rehabilitation, MSNRC OPS, Inc. doing business as Magnolia Square Nursing and Rehab, Timberlane Care and Rehabilitation Center, LLC doing business as Timberlane Health & Rehabilitation, GVNC, Inc. doing business as Gassville Therapy and Living, HSNC, Inc. doing business as Village Springs Health and Rehabilitation, Northport Health Services of Missouri, LLC doing business as Joplin Health and Rehabilitation Center doing business as Webb City Health and Rehabilitation Center doing business as Carthage Health and Rehabilitation Center doing business as Warsaw Hea, TXKNC, Inc. doing business as Bailey Creek Health & Rehab, PM OPS, Inc. doing business as Dierks Health and Rehab, BNNC, Inc. doing business as Alcoa Pines Health and Rehabilitation, FPNC, Inc. doing business as Twin Lakes Therapy and Living, Salco NC, Inc. doing business as Evergreen Living Center at Stagecoach, HLNC, Inc. doing business as Heritage Living Center, Hendrix Health Care Center, Inc. doing business as Hendrix Health & Rehabilitation, AFNC, Inc. doing business as Eaglecrest Nursing and Rehab, OR OPS, Inc. doing business as Oak Ridge Health and Rehabilitation, Jonesboro Care and Rehabilitation Center, LLC doing business as St. Elizabeths Place, Senior Living Management Group, LLC doing business as Birch Pointe Health and Rehabilitation, JRNRC OPS, Inc. doing business as James River Nursing and Rehabilitation, NWA Nursing Center, LLC doing business as The Maples, BVNC, Inc. doing business as Mountain Meadows Health and Rehabilitation, CNNC, Inc. doing business as Corning Therapy and Living Center, Salco NC 2, Inc. doing business as Amberwood Health and Rehabilitation, Linco Health, Inc. doing business as Gardner Nursing and Rehabilitation, HBNC, Inc. doing business as Southridge Village Nursing and Rehab and WCNC, Inc. doing business as Katherines Place at Wedington
Defendant: Alex M. Azar, II, Centers for Medicare & Medicaid Services, Seema Verma and U.S. Department of Health & Human Services
Amicus Curiae: Arkansas Trial Lawyers Association, American Association for Justice, Justice in Aging and National Consumer Voice for Quality Long-Term Care
Case Number: 5:2019cv05168
Filed: September 4, 2019
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2019 Filing 42 REPLY to Response to Motion re #26 MOTION for Summary Judgment , #28 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion filed by U.S. Department of Health & Human Services. (Sverdlov, Alexander)
December 3, 2019 Filing 41 TEXT ONLY ORDER granting #40 Motion for Extension of Time to File Response/Reply to December 13, 2019. Signed by Honorable Timothy L. Brooks on December 3, 2019. (eg)
December 3, 2019 Filing 40 Consent MOTION for Extension of Time to File Response/Reply as to #28 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion, #36 Reply to Response to Motion,,,,,,,,,,,,,,, by U.S. Department of Health & Human Services. (Sverdlov, Alexander)
November 25, 2019 Filing 39 Amicus Brief in Opposition to Plaintiffs' #26 Motion for Summary Judgement and in Support of the Government's #28 Cross-Motion for Summary Judgement by American Association for Justice, Arkansas Trial Lawyers Association, National Consumer Voice for Quality Long-Term Care, and Justice in Aging. (src) Modified on 11/25/2019 (src).
November 21, 2019 Filing 38 TEXT ONLY ORDER directing the Clerk to strike 37 . Motion #34 for Leave to File Brief as Amici Curiae is granted. Amici are directed to file their brief by 11/25/19. Signed by Honorable Timothy L. Brooks on November 21, 2019. (eg)
November 21, 2019 Filing 37 ***STRICKEN PER TEXT ONLY ORDER DATED 11/21/19*** TEXT ONLY ORDER granting #34 Motion for Leave to File Brief as Amici Curiae. The Clerk is requested to restyle #35 as Brief of Amici Curiae. Signed by Honorable Timothy L. Brooks on November 21, 2019. (eg) Modified on 11/22/2019 (tg).
November 15, 2019 Filing 36 REPLY to Response to Motion re #26 MOTION for Summary Judgment , #28 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion filed by AFNC, Inc., Apple Creek Health and Rehab, LLC, Ashland Place Health and Rehabilitation, LLC, Ashton Place Health and Rehab, LLC, Aspire Physical Recovery Center at Cahaba River, LLC, Aspire Physical Recovery Center at Hoover, LLC, Aspire Physical Recovery Center of West Alabama, LLC, Athens Health and Rehabilitation, LLC, Atkins Care Center, Inc., BNNC, Inc., BVNC, Inc., Beebe Retirement Center, Inc, Belvedere Nursing and Rehabilitation Center, LLC, Bradford House Nursing and Rehab, LLC, Briarwood Nursing and Rehabilitation Center, Inc., CNNC, Inc., Cabot Health and Rehab, LLC, Chapel Ridge Nursing Center, LLC, Cherokee County Nursing Center, Inc., Civic Center Health and Rehabilitation, LLC, Colonel Glenn Health and Rehab, LLC, Columbiana Health and Rehabilitation, LLC, Cordova Health and Rehabilitation, LLC, Country Club Gardens, LLC, Crossville Health and Rehabilitation, LLC, Dardanelle Nursing and Rehabilitation Center, Inc., Eufaula Care Center, Inc., FPNC, Inc., Florala Health and Rehabilitation, LLC, GVNC, Inc., Georgiana Health and Rehabilitation, LLC, Greenbrier Care Center, Inc, Greystone Nursing and Rehab, LLC, Gulf Coast Health and Rehabilitation, LLC, HBNC, Inc., HLNC, Inc., HSNC, Inc., Heather Manor Care Center, Inc., Hendrix Health Care Center, Inc., Hickory Heights Health and Rehab, LLC, Hunter Creek Health and Rehabilitation, LLC, Huntsville Health and Rehabilitation, LLC, Innisfree Health and Rehab, LLC, JBNC, Inc., JRNRC OPS, Inc., Jacksonville Health and Rehabilitation, LLC, Jamestown Nursing and Rehab, LLC, Johnson County Health and Rehab, LLC, Jonesboro Care and Rehabilitation Center, LLC, Lakewood Health and Rehab, LLC, Legacy Health and Rehabilitation of Pleasant Grove, LLC, Legacy Heights Nursing and Rehab, LLC, Linco Health, Inc., Lineville Health and Rehabilitation, LLC, Lonoke Health and Rehab Center, LLC, Luverne Health and Rehabilitation, LLC, MHCNC, Inc., MLBNC, Inc., MMNC, Inc., MSNRC OPS, Inc., Moundville Health and Rehabilitation, LLC, NWA Nursing Center, LLC, Nashville Nursing & Rehab, Inc., Northport Health Services of Arkansas, LLC, Northport Health Services of Florida, LLC, Northport Health Services of Missouri, LLC, Northway Health & Rehabilitation, LLC, Northwest Health and Rehab, Inc., Nursing and Rehabilitation Center at Good Shepherd, LLC, OCNC, Inc., OR OPS, Inc., Oak Knoll Health and Rehabilitation, LLC, Oak Manor Nursing and Rehabilitation Center, Inc., Opp Health and Rehabilitation, LLC, Ozark Health and Rehabilitation, LLC, PM OPS, Inc., Palm Gardens Health and Rehabilitation, LLC, Park Manor Health and Rehabilitation, LLC, Parks Edge Care Center, Inc., Perry County Care Center, Inc., Prattville Health and Rehabilitation, LLC, Quapaw Care and Rehabilitation Center, LLC, RTNC, Inc., Robinson Nursing & Rehabilitation Center, LLC, Russellville Care Center, Inc., SCNC, Inc., SLNC, Inc., SRCNC, Inc., Salco NC 2, Inc., Salco NC, Inc., Salem Place Nursing and Rehabilitation Center, Inc., Senior Living Management Group, LLC, Sherwood Nursing and Rehabilitation Center, Inc., Shiloh Nursing and Rehab, LLC, South Haven Health and Rehabilitation, LLC, South Health and Rehabilitation, LLC, Stella Manor Care Center, Inc., Sumter Health and Rehabilitation, LLC, Superior Health & Rehab, LLC, TXKNC, Inc., Tallassee Health and Rehabilitation, LLC, Timberlane Care and Rehabilitation Center, LLC, Valley View Health and Rehabilitation, LLC, WCNC, Inc., WRNC, Inc., Westwood Health and Rehab, Inc., Wetumpka Health and Rehabilitation, LLC, Windcrest Health and Rehab, Inc.. (Dougherty, Kirkman)
November 1, 2019 Filing 35 BRIEF OF AMICI CURIAE in Support of #34 MOTION for Leave to File Brief as Amici Curiae by American Association for Justice, Arkansas Trial Lawyers Association, Justice in Aging, National Consumer Voice for Quality Long-Term Care. (Wessler, Matthew) Modified on 11/22/2019 to restyle document description per doc #37 Text Only Order(tg).
November 1, 2019 Filing 34 MOTION for Leave to File Brief as Amici Curiae by American Association for Justice, Arkansas Trial Lawyers Association, Justice in Aging, National Consumer Voice for Quality Long-Term Care. (Attachments: #1 Brief in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of the Government's Cross-Motion for Summary Judgment)(Wessler, Matthew)
November 1, 2019 Filing 33 NOTICE of Appearance by Matthew Wessler on behalf of American Association for Justice, Arkansas Trial Lawyers Association, Justice in Aging, National Consumer Voice for Quality Long-Term Care. (Wessler, Matthew)
October 31, 2019 Filing 32 TEXT ONLY ORDER granting #30 Motion to Appear Pro Hac Vice. Matthew Wessler appearing for amici curiae American Association for Justice, Arkansas Trial Lawyers Association, and Consumer Voice. Signed by Honorable Timothy L. Brooks on October 31, 2019. (eg)
October 31, 2019 Filing 31 NOTICE of Appearance by Matthew Wessler on behalf of American Association for Justice, Arkansas Trial Lawyers Association, Consumer Voice. (Wessler, Matthew)
October 30, 2019 Filing 30 MOTION for Attorney Matthew W.H. Wessler to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2006532) by American Association for Justice. (Wessler, Matthew)
October 25, 2019 Filing 29 MEMORANDUM BRIEF in Support of #28 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion by U.S. Department of Health & Human Services. (Sverdlov, Alexander)
October 25, 2019 Filing 28 Cross MOTION for Summary Judgment and Response to Plaintiffs' Motion by U.S. Department of Health & Human Services. (Sverdlov, Alexander)
October 4, 2019 Filing 27 MEMORANDUM BRIEF in Support of #26 MOTION for Summary Judgment by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
October 4, 2019 Filing 26 MOTION for Summary Judgment by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
October 4, 2019 Filing 25 AMENDED COMPLAINT as to #2 Complaint,, against All Defendants , filed by Northport Health Services of Arkansas, LLC, NWA Nursing Center, LLC. Related document: #2 Complaint,, filed by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Attachments: #1 Exhibit Exhibit 1- 81 Fed. Reg 68.688 (2016), #2 Exhibit 2- 84 Fed. Reg 34.718 (2019), #3 Exhibit 3- Lee Declaration, #4 Exhibit 4- McPherson Declaration, #5 Exhibit 5- Pelovitz Memo., #6 Exhibit 6- Tripline Letter, #7 Exhibit 7- AHCA_August_2017 Comment Letter with Exhibits, #8 Exhibit 8- ILR_Comments on CMS Nursing Home Arbitration Proposed Rule Final, #9 Exhibit 9- 2019.08.27 Springdale Presentment letter to HHS and CMS)(Dougherty, Kirkman)
September 20, 2019 Filing 24 ADMINISTRATIVE RECORD by All Defendants. (Attachments: #1 Certification and Index, #2 Record Parts 1-3, #3 Record Parts 4-6, #4 Record Part 7, #5 Record Part 8, #6 Record Part 9, #7 Record Part 10, #8 Record Part 11, #9 Record Part 12, #10 Record Part 13, #11 Record Part 14, #12 Record Part 15, #13 Record Part 16, #14 Record Part 17, #15 Record Part 18, #16 Record Part 19, #17 Record Part 20, #18 Record Part 21, #19 Record Part 22, #20 Record Part 23, #21 Record Part 24, #22 Record Part 25, #23 Record Part 26, #24 Record Part 27, #25 Record Parts 28-30, #26 Record Part 31, #27 Record Parts 32-34)(Sverdlov, Alexander)
September 17, 2019 Opinion or Order Filing 23 ORDER granting #16 Joint Motion for Scheduling Order (See Order for deadlines). Signed by Honorable Timothy L. Brooks on September 17, 2019. (tg)
September 16, 2019 Filing 22 NOTICE of Appearance by Damon Clarke Andrews on behalf of NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Andrews, Damon)
September 16, 2019 Filing 21 NOTICE of Appearance by Kasdin Miller Mitchell on behalf of NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Mitchell, Kasdin)
September 16, 2019 Filing 20 TEXT ONLY ORDER GRANTING #18 Motion to Appear Pro Hac Vice. KASDIN MITCHELL is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on September 16, 2019. (slc)
September 16, 2019 Filing 19 TEXT ONLY ORDER GRANTING #17 Motion to Appear Pro Hac Vice. DAMON ANDREWS is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on September 16, 2019. (slc)
September 13, 2019 Filing 18 MOTION for Attorney Kasdin Mitchell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1982209) by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 13, 2019 Filing 17 MOTION for Attorney Damon Andrews to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1982205) by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 13, 2019 Filing 16 Joint MOTION for Scheduling Order by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Attachments: #1 Appendix A)(Murphy, Erin)
September 10, 2019 Filing 15 NOTICE of Appearance by Seth Creed on behalf of All Defendants. (Creed, Seth)
September 10, 2019 Filing 14 NOTICE of Appearance by Alexander V Sverdlov on behalf of All Defendants. (Sverdlov, Alexander)
September 10, 2019 Filing 13 NOTICE of Appearance by Erin E. Murphy on behalf of NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Murphy, Erin)
September 10, 2019 Filing 12 NOTICE of Appearance by Paul D. Clement on behalf of NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Clement, Paul)
September 6, 2019 Filing 11 TEXT ONLY ORDER GRANTING #9 Motion to Appear Pro Hac Vice. ERIN MURPHY is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on September 6, 2019. (slc)
September 6, 2019 Filing 10 TEXT ONLY ORDER GRANTING #8 Motion to Appear Pro Hac Vice. PAUL CLEMENT is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on September 6, 2019. (slc)
September 6, 2019 Filing 9 MOTION for Attorney Erin Murphy to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1977286) by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 6, 2019 Filing 8 MOTION for Attorney Paul Clement to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1977283) by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 5, 2019 Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Alex M. Azar, II, Centers for Medicare & Medicaid Services, U.S. Department of Health & Human Services, Seema Verma, U.S. Attorney and U.S. Attorney General and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (src)
September 4, 2019 Filing 6 THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested for USA Agency, Corporation, Officers or Employees as to United States Department of Health and Human Services; Alex Azar, II, Centers for Medicare & Medicaid Services, Seema Verma, US Attorney General for service of the following document: #5 Memorandum Brief in Support, #4 MOTION for Preliminary Injunction or Stay Pending Judicial Review, #2 Complaint,,. (Dougherty, Kirkman)
September 4, 2019 Filing 5 MEMORANDUM BRIEF in Support of #4 MOTION for Preliminary Injunction or Stay Pending Judicial Review by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 4, 2019 Filing 4 MOTION for Preliminary Injunction or Stay Pending Judicial Review by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (Dougherty, Kirkman)
September 4, 2019 Filing 3 Magistrate Notice/Consent Form furnished. (lgd)
September 4, 2019 Filing 2 COMPLAINT against Alex M. Azar, II, Centers for Medicare & Medicaid Services, U.S. Department of Health & Human Services, Seema Verma, filed by Northport Health Services of Arkansas, LLC, NWA Nursing Center, LLC.(lgd) (Additional attachment(s) added on 9/4/2019: #1 Exhibit EX 1) (lgd). (Additional attachment(s) added on 9/4/2019: #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4, #5 Exhibit EX 5, #6 Exhibit EX 6, #7 Exhibit EX 7, #8 Exhibit EX 8, #9 Exhibit EX 9) (lgd).
September 4, 2019 Filing 1 CIVIL COVER SHEET for case initiated by NWA Nursing Center, LLC, Northport Health Services of Arkansas, LLC. (lgd)
September 4, 2019 TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on Complaint #2 is (are) not registered for CM/ECF noticing and filing in the Western District of Arkansas:Paul D. Clement, Erin E. Murphy. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (lgd)
September 4, 2019 CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Complaint. You MUST pay the filing fee of $ 400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 9/6/2019 (lgd)
September 4, 2019 Complaint filing fee paid re #1 Civil Cover Sheet, Clerk's Notice Regarding Filing Fee,, #2 Complaint : $ 400, receipt number AARWDC-1975315.. (Dougherty, Kirkman)

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Search for this case: Northport Health Services of Arkansas LLC et al v. U.S. Department of Health & Human Services et al
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Defendant: Alex M. Azar, II
Represented By: Seth Creed
Represented By: Alexander V Sverdlov
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Defendant: Centers for Medicare & Medicaid Services
Represented By: Seth Creed
Represented By: Alexander V Sverdlov
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Defendant: Seema Verma
Represented By: Seth Creed
Represented By: Alexander V Sverdlov
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Defendant: U.S. Department of Health & Human Services
Represented By: Seth Creed
Represented By: Alexander V Sverdlov
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Plaintiff: NWA Nursing Center, LLC
Represented By: Erin E. Murphy
Represented By: Paul D. Clement
Represented By: Kirkman T. Dougherty
Represented By: Kasdin Miller Mitchell
Represented By: Damon Clarke Andrews
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Plaintiff: Northport Health Services of Arkansas, LLC
Represented By: Erin E. Murphy
Represented By: Paul D. Clement
Represented By: Kirkman T. Dougherty
Represented By: Kasdin Miller Mitchell
Represented By: Damon Clarke Andrews
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Plaintiff: Atkins Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Luverne Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Salem Place Nursing and Rehabilitation Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Ozark Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Sherwood Nursing and Rehabilitation Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: SLNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Quapaw Care and Rehabilitation Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Tallassee Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Cabot Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Nashville Nursing & Rehab, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Westwood Health and Rehab, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Northway Health & Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: JBNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Nursing and Rehabilitation Center at Good Shepherd, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: South Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Prattville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Legacy Health and Rehabilitation of Pleasant Grove, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Jamestown Nursing and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Park Manor Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Crossville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Aspire Physical Recovery Center at Cahaba River, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Belvedere Nursing and Rehabilitation Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: MMNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Country Club Gardens, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: CNNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: PM OPS, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Sumter Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Wetumpka Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Heather Manor Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Robinson Nursing & Rehabilitation Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Aspire Physical Recovery Center of West Alabama, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: MSNRC OPS, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Shiloh Nursing and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: HBNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Huntsville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: JRNRC OPS, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: OR OPS, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Ashton Place Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Gulf Coast Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Beebe Retirement Center, Inc
Represented By: Kirkman T. Dougherty
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Plaintiff: Hickory Heights Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Greenbrier Care Center, Inc
Represented By: Kirkman T. Dougherty
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Plaintiff: Lakewood Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: MHCNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Johnson County Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Windcrest Health and Rehab, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Dardanelle Nursing and Rehabilitation Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Moundville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: SRCNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Stella Manor Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Opp Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Perry County Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Eufaula Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Hendrix Health Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: BNNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Florala Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Georgiana Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Russellville Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: TXKNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Lineville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Jonesboro Care and Rehabilitation Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: AFNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: HLNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Timberlane Care and Rehabilitation Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Cherokee County Nursing Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Bradford House Nursing and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Salco NC 2, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Senior Living Management Group, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: South Haven Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: FPNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Superior Health & Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: BVNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Valley View Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Palm Gardens Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Greystone Nursing and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Colonel Glenn Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Linco Health, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Northwest Health and Rehab, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Aspire Physical Recovery Center at Hoover, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Athens Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Legacy Heights Nursing and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Apple Creek Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Lonoke Health and Rehab Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: OCNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: SCNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Briarwood Nursing and Rehabilitation Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: RTNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Missouri, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Hunter Creek Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Chapel Ridge Nursing Center, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Jacksonville Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Oak Knoll Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: WCNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: MLBNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Innisfree Health and Rehab, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: GVNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Salco NC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: HSNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Parks Edge Care Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Oak Manor Nursing and Rehabilitation Center, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Ashland Place Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Columbiana Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: WRNC, Inc.
Represented By: Kirkman T. Dougherty
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Plaintiff: Cordova Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Florida, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: Civic Center Health and Rehabilitation, LLC
Represented By: Kirkman T. Dougherty
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Plaintiff: SLNC, Inc. doing business as Southfork River Therapy and Living
Represented By: Kirkman T. Dougherty
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Plaintiff: MLBNC, Inc. doing business as Pioneer Therapy and Living
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Arkansas, LLC doing business as Covington Court Health and Rehabilitation Center doing business as Fayetteville Health and Rehabilitation Center doing business as Springdale Health and Rehabilitation Center doing business
Represented By: Kirkman T. Dougherty
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Plaintiff: OCNC, Inc. doing business as Silver Oaks Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Florida, LLC doing business as Crystal River Health and Rehabilitation Center doing business as Ocala River Health and Rehabilitation Center doing business as Daytona Beach Health and Rehabilitation Center doing business
Represented By: Kirkman T. Dougherty
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Plaintiff: Northwest Health and Rehab, Inc. doing business as North Hills Life Care and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: MHCNC, Inc. doing business as Care Manor Nursing and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: MMNC, Inc. doing business as The Lakes at Maumelle Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Arkansas, LLC doing business as Springdale Health and Rehabilitation Center
Represented By: Erin E. Murphy
Represented By: Paul D. Clement
Represented By: Kirkman T. Dougherty
Represented By: Kasdin Miller Mitchell
Represented By: Damon Clarke Andrews
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Plaintiff: SCNC, Inc. doing business as Spring Creek Health & Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: WRNC, Inc. doing business as Chapel Woods Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: RTNC, Inc. doing business as Rector Nursing and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: SRCNC, Inc. doing business as The Crossing at Riverside Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: JBNC, Inc. doing business as Ridgecrest Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: MSNRC OPS, Inc. doing business as Magnolia Square Nursing and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: Timberlane Care and Rehabilitation Center, LLC doing business as Timberlane Health & Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: GVNC, Inc. doing business as Gassville Therapy and Living
Represented By: Kirkman T. Dougherty
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Plaintiff: HSNC, Inc. doing business as Village Springs Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: Northport Health Services of Missouri, LLC doing business as Joplin Health and Rehabilitation Center doing business as Webb City Health and Rehabilitation Center doing business as Carthage Health and Rehabilitation Center doing business as Warsaw Hea
Represented By: Kirkman T. Dougherty
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Plaintiff: TXKNC, Inc. doing business as Bailey Creek Health & Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: PM OPS, Inc. doing business as Dierks Health and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: BNNC, Inc. doing business as Alcoa Pines Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: FPNC, Inc. doing business as Twin Lakes Therapy and Living
Represented By: Kirkman T. Dougherty
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Plaintiff: Salco NC, Inc. doing business as Evergreen Living Center at Stagecoach
Represented By: Kirkman T. Dougherty
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Plaintiff: HLNC, Inc. doing business as Heritage Living Center
Represented By: Kirkman T. Dougherty
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Plaintiff: Hendrix Health Care Center, Inc. doing business as Hendrix Health & Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: AFNC, Inc. doing business as Eaglecrest Nursing and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: OR OPS, Inc. doing business as Oak Ridge Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: Jonesboro Care and Rehabilitation Center, LLC doing business as St. Elizabeths Place
Represented By: Kirkman T. Dougherty
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Plaintiff: Senior Living Management Group, LLC doing business as Birch Pointe Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: JRNRC OPS, Inc. doing business as James River Nursing and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: NWA Nursing Center, LLC doing business as The Maples
Represented By: Erin E. Murphy
Represented By: Paul D. Clement
Represented By: Kirkman T. Dougherty
Represented By: Kasdin Miller Mitchell
Represented By: Damon Clarke Andrews
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Plaintiff: BVNC, Inc. doing business as Mountain Meadows Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: CNNC, Inc. doing business as Corning Therapy and Living Center
Represented By: Kirkman T. Dougherty
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Plaintiff: Salco NC 2, Inc. doing business as Amberwood Health and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: Linco Health, Inc. doing business as Gardner Nursing and Rehabilitation
Represented By: Kirkman T. Dougherty
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Plaintiff: HBNC, Inc. doing business as Southridge Village Nursing and Rehab
Represented By: Kirkman T. Dougherty
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Plaintiff: WCNC, Inc. doing business as Katherines Place at Wedington
Represented By: Kirkman T. Dougherty
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Amicus curiae: Arkansas Trial Lawyers Association
Represented By: Matthew Wessler
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Amicus curiae: American Association for Justice
Represented By: Matthew Wessler
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Amicus curiae: Justice in Aging
Represented By: Matthew Wessler
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Amicus curiae: National Consumer Voice for Quality Long-Term Care
Represented By: Kirkman T. Dougherty
Represented By: Matthew Wessler
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