Mercy General Hospital, et al v. Xavier Becerra
| Mercy General Hospital, Regional Medical Center of San Jose, also known as Alexian Brothers of San Jose, Inc., formerly known as Alexian Brothers Hospital, AHMC Anaheim Regional Medical Center, also known as Anaheim Memorial Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, also known as California Hospital Medical Center, California Pacific Medical Center-Van Ness Campus, also known as California Pacific Medical Center, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, California Pacific Medical Ctr-Davies Campus Hosp, also known as Davies Medical Center, Dominican Hospital, also known as Dominican Santa Cruz Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, also known as Foothill Presbyterian Hospital, Glendale Adventist Medical Center, also known as Glendale Adventist Hospital, Glendale Mem Hospital & Hlth Center, also known as Glendale Memorial Hospital, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, Emanate Health Inter-Community Hospital, also known as Intercommunity Medical Center, La Palma Intercommunity Hospital, Adventist Health Lodi Memorial, also known as Lodi Memorial Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, also known as Marian Hospital, Mark Twain Hospital, Martin Luther Hospital, Mercy American River Hospital, Mercy Hospital, also known as Mercy Bakersfield Hospital, Mercy Hospital of Folsom, Mercy Medical Center, also known as Mercy Medical Center, Merced Community Center, Mercy Medical Center, Merced Dominican, Mercy Medical Center Redding, Methodist Hospital of Sacramento, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, also known as Mercy San Juan Hospital, Mills-Peninsula Medical Center, also known as Mills-Peninsula Hospital, Northridge Hospital Medical Center, also known as Northridge Hospital, Roscoe, Northridge Hospital, Sherman Way, MemorialCare Orange Coast Medical Center, also known as Orange Coast Memorial Medical Center, Paradise Valley Hospital, Pomona Valley Hospital Medical Center, PIH Health Hospital-Whittier, also known as Presbyterian Intercommunity Hospital, Queen of the Valley Hospital, Redlands Community Hospital, Robert F. Kennedy Medical Center, MemorialCare Saddleback Medical Center, also known as Saddleback Memorial Medical Center, San Gabriel Valley Medical Center, also known as San Gabriel Valley Hospital, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital |
| Xavier Becerra, in his official capacity as Secretary of the United States Department of Health and Human Services |
| 23-5013 |
| January 19, 2023 |
| U.S. Court of Appeals, D.C. Circuit |
| Ovrpmnts Under the Medicare Act |
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| CLERK'S ORDER [1989382] filed setting briefing schedule: APPELLANT Brief due 04/18/2023. APPELLEE Brief due on 05/18/2023. APPELLANT Reply Brief due 06/08/2023. DEFERRED APPENDIX due 06/15/2023. Final Briefs due 06/29/2023. [23-5013] [Entered: 03/09/2023 03:57 PM] |
| DOCKETING STATEMENT [1986142] filed by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 02/15/2023 ] [23-5013] (Rubin, Lori) [Entered: 02/15/2023 05:29 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1986143] filed by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 02/15/2023 ] [23-5013] (Rubin, Lori) [Entered: 02/15/2023 05:30 PM] |
| STATEMENT OF ISSUES [1986145] filed by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 02/15/2023 ] [23-5013] (Rubin, Lori) [Entered: 02/15/2023 05:32 PM] |
| UNDERLYING DECISION IN CASE [1986146] submitted by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 02/15/2023 ] [23-5013] (Rubin, Lori) [Entered: 02/15/2023 05:34 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1986147] filed by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 02/15/2023 ] Intent: AppxDeferred [23-5013] (Rubin, Lori) [Entered: 02/15/2023 05:36 PM] |
| ENTRY OF APPEARANCE [1985408] filed by Graham W. White and co-counsel Alisa B. Klein on behalf of Appellee Xavier Becerra. [23-5013] (White, Graham) [Entered: 02/10/2023 10:46 AM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1985410] filed by Xavier Becerra [Service Date: 02/10/2023 ] [23-5013] (White, Graham) [Entered: 02/10/2023 10:49 AM] |
| ENTRY OF APPEARANCE [1983377] filed by Lori Allison Rubin on behalf of Appellants Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital. [23-5013] (Rubin, Lori) [Entered: 01/26/2023 03:59 PM] |
| TRANSCRIPT STATUS REPORT [1983378] filed by Adventist Health Lodi Memorial, AHMC Anaheim Regional Medical Center, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, Paradise Valley Hospital, PIH Health Hospital-Whittier, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital [Service Date: 01/26/2023 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [23-5013] (Rubin, Lori) [Entered: 01/26/2023 04:02 PM] |
| NOTICE [1982982] received from the Clerk of the U.S. District Court to supplement record: corrected docket sheet [23-5013] [Entered: 01/25/2023 09:38 AM] |
| US CIVIL CASE docketed. [23-5013] [Entered: 01/19/2023 02:24 PM] |
| NOTICE OF APPEAL [1982115] seeking review of a decision by the U.S. District Court in 1:21-cv-01397-RBW filed by AHMC Anaheim Regional Medical Center, Adventist Health Lodi Memorial, Bakersfield Memorial Hospital, California Hospital Medical Center LA, California Pacific Medical Center-Van Ness Campus, California Pacific Medical Ctr-Davies Campus Hosp, Community Hospital of San Bernadino, Daniel Freeman Marina Hospital, Daniel Freeman Memorial Hospital, Dominican Hospital, Eden Medical Center, Emanate Health Foothill Presbyterian Hospital, Emanate Health Inter-Community Hospital, Glendale Adventist Medical Center, Glendale Mem Hospital & Hlth Center, Goleta Valley Cottage Hospital, Huntington Memorial Hospital, La Palma Intercommunity Hospital, Loma Linda University Medical Center, Long Beach Community Hospital, Long Beach Memorial Medical Center, Marian Regional Medical Center, Mark Twain Hospital, Martin Luther Hospital, MemorialCare Orange Coast Medical Center, MemorialCare Saddleback Medical Center, Mercy American River Hospital, Mercy General Hospital, Mercy Hospital, Mercy Hospital of Folsom, Mercy Medical Center, Mercy Medical Center Redding, Mercy Medical Center, Merced Dominican, Mercy Mt. Shasta Hospital, Mercy San Juan Medical Center, Methodist Hospital of Sacramento, Mills-Peninsula Medical Center, Northridge Hospital Medical Center, Northridge Hospital, Sherman Way, PIH Health Hospital-Whittier, Paradise Valley Hospital, Pomona Valley Hospital Medical Center, Queen of the Valley Hospital, Redlands Community Hospital, Regional Medical Center of San Jose, Robert F. Kennedy Medical Center, San Gabriel Valley Medical Center, Santa Barbara Cottage Hospital, Santa Marta Hospital and Sequoia Hospital. Appeal assigned USCA Case Number: 23-5013. [23-5013] [Entered: 01/19/2023 02:25 PM] |
| CLERK'S ORDER [1982119] filed directing party to file initial submissions: APPELLANT docketing statement due 02/21/2023. APPELLANT certificate as to parties due 02/21/2023. APPELLANT statement of issues due 02/21/2023. APPELLANT underlying decision due 02/21/2023. APPELLANT deferred appendix statement due 02/21/2023. APPELLANT entry of appearance due 02/21/2023. APPELLANT transcript status report due 02/21/2023. APPELLANT procedural motions due 02/21/2023. APPELLANT dispositive motions due 03/06/2023; directing party to file initial submissions: APPELLEE certificate as to parties due 02/21/2023. APPELLEE entry of appearance due 02/21/2023. APPELLEE procedural motions due 02/21/2023. APPELLEE dispositive motions due 03/06/2023 [23-5013] [Entered: 01/19/2023 02:28 PM] |
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