ACT for Health v. United States Department of Labor et al
| ACT for Health, Inc., ACT for Health and ACT for Health doing business as Professional Case Management |
| Secretary of Labor Alexander Acosta, Director Julia Hearthway, Department of Labor, Office of Workers' Compensation Programs, Alexander Acosta, United States Department of Labor and Julia Hearthway |
| 1:2019cv00827 |
| March 19, 2019 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| Michael E Hegarty |
| APA Review/Appeal |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 46 MOTION to Dismiss Amended Complaint by Defendants Office of Workers' Compensation Programs, United States Department of Labor. (Brenton, Kyle) |
| Filing 45 NOTICE re #44 Amended Complaint Notice of Filing Amended Complaint by Plaintiff ACT for Health (Attachments: #1 Exhibit Exhibit 1 to Notice)(Van Bockern, Kristina) |
| Filing 44 AMENDED COMPLAINT First Amended Complaint / Petition for Review of Final Agency Action against All Defendants, filed by ACT for Health.(Van Bockern, Kristina) |
Filing 43
MINUTE ORDER granting #40 Motion for Extension of Time to Answer or Otherwise Respond and granting #41 Motion to Vacate, by Magistrate Judge Michael E. Hegarty on 6/6/2019. Alexander Acosta answer due 7/8/2019; Julia Hearthway answer due 7/8/2019; Office of Workers' Compensation Programs answer due 7/8/2019; United States Department of Labor answer due 7/8/2019. The Scheduling Conference currently set for 6/27/2019 is VACATED.(tsher, )
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Filing 42
ORDER REFERRING MOTIONS: #40 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond re #1 Complaint filed by Julia Hearthway, Office of Workers' Compensation Programs, Alexander Acosta, United States Department of Labor; and #41 Unopposed Motion to Vacate #39 Minute Order Scheduling Conference filed by Julia Hearthway, Office of Workers' Compensation Programs, Alexander Acosta, United States Department of Labor. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 6/5/2019. Text Only Entry (dddlc1, )
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| Filing 41 Unopposed MOTION to Vacate #39 Minute Order Scheduling Conference by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Brenton, Kyle) |
| Filing 40 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Brenton, Kyle) |
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Filing 39
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 5/28/2019. Scheduling Conference set for 6/27/2019 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jgonz, )
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Filing 38
ORDER REFERRING CASE to Magistrate Judge Michael E. Hagerty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Daniel D. Domenico on 5/24/2019. Text Only Entry (dddint1)
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Filing 37
This action is reassigned to Judge Daniel D. Domenico, upon his appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Domenico in Courtroom A-702. His chambers are located in A-738 of the Alfred A. Arraj Courthouse. His telephone number is 303-335-2468. All future pleadings should be designated as 19-cv-00827-DDD. (Text Only Entry). (sphil, )
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| Filing 36 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Office of Workers' Compensation Programs, Alexander Acosta, United States Department of Labor, Julia Hearthway. All Defendants. (Brenton, Kyle) |
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Filing 35
MINUTE ORDER granting #34 Petitioner's Motion to Withdraw Motion for Preliminary Injunction. The Motion for Preliminary Injunction #2 is WITHDRAWN. The hearing set for April 4, 2019 at 2:00 p.m. is VACATED. By Chief Judge Philip A. Brimmer on 4/3/19. Text Only Entry (pabsec)
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| Filing 34 Unopposed MOTION to Withdraw #2 MOTION for Preliminary Injunction by Plaintiff ACT for Health. (Wiletsky, Mark) |
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Filing 33
ORDER granting #30 Respondents' Motion for Leave to Present Witness Via Video Teleconference. By Chief Judge Philip A. Brimmer on 4/2/19. Text Only Entry (pabsec)
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| Filing 32 Witness List by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Brenton, Kyle) |
| Filing 31 Exhibit List for Preliminary Injunction Hearing by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Kellogg, Ian) |
| Filing 30 Unopposed MOTION for Leave to Present Witness via Video Teleconference by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Brenton, Kyle) |
| Filing 29 RESPONSE to #2 MOTION for Preliminary Injunction filed by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Attachments: #1 Affidavit Declaration of Rachel Leiton, #2 Exhibit A - Bulletin 07-20, #3 Exhibit B - Bulletin 07-22, #4 Exhibit C - Bulletin 08-09, #5 Exhibit D - Bulletin 14-06, #6 Exhibit E - Transmittal 10-07, #7 Exhibit F - Procedure Manual Ch. 30, #8 Exhibit G - Bulletin 14-04, #9 Exhibit H - Procedure Manual Chapter 12, #10 Exhibit I - Enrollment Form, #11 Exhibit J - Original Enrollment Form, #12 Exhibit K - Notice of Proposed Rulemaking, #13 Exhibit L - Final Rule, #14 Exhibit M - Pre-Authorization Forms, #15 Exhibit N - PCM Enrollment Forms)(Brenton, Kyle) |
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Filing 28
MINUE ORDER granting #27 Motion to Exceed Page Limitations. Respondents may file a response to petitioner's motion for preliminary injunction #2 not to exceed 30 pages. By Chief Judge Philip A. Brimmer on 4/2/19. Text Only Entry (pabsec)
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| Filing 27 Unopposed MOTION for Leave to File Excess Pages in response to motion for preliminary injunction by Defendants Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of Labor. (Kellogg, Ian) |
| Filing 26 NOTICE of Entry of Appearance by Ian J. Kellogg on behalf of Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of LaborAttorney Ian J. Kellogg added to party Alexander Acosta(pty:dft), Attorney Ian J. Kellogg added to party Julia Hearthway(pty:dft), Attorney Ian J. Kellogg added to party Office of Workers' Compensation Programs(pty:dft), Attorney Ian J. Kellogg added to party United States Department of Labor(pty:dft) (Kellogg, Ian) |
| Filing 25 Witness List Petitioner's Witness List by Plaintiff ACT for Health. (Van Bockern, Kristina) |
| Filing 24 NOTICE of Entry of Appearance by Kyle W. Brenton on behalf of Alexander Acosta, Julia Hearthway, Office of Workers' Compensation Programs, United States Department of LaborAttorney Kyle W. Brenton added to party Alexander Acosta(pty:dft), Attorney Kyle W. Brenton added to party Julia Hearthway(pty:dft), Attorney Kyle W. Brenton added to party Office of Workers' Compensation Programs(pty:dft), Attorney Kyle W. Brenton added to party United States Department of Labor(pty:dft) (Brenton, Kyle) |
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Filing 23
MINUTE ORDER. A two-hour hearing on petitioner's Motion for Preliminary Injunction #2 is set for Thursday, April 4, 2019 at 2:00 p.m. in Courtroom A 701 before Chief Judge Philip A. Brimmer. Each side will have 45 minutes total to conduct its direct and cross examinations. Please see the attached Minute Order for additional information and deadlines. By Chief Judge Philip A. Brimmer on 3/25/19. Text Only Entry (pabsec)
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| Filing 22 CASE REASSIGNED pursuant to #21 Minute Order. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-00827-PAB. (Text Only Entry) (tsher, ) |
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Filing 21
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 3/22/2019. The Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). (tsher, )
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| Filing 20 CERTIFICATE of Mailing/Service Julia Hearthway by Plaintiff ACT for Health. (Van Bockern, Kristina) |
| Filing 19 CERTIFICATE of Mailing/Service Office of Workers' Compensation Programs by Plaintiff ACT for Health. (Van Bockern, Kristina) |
| Filing 18 CERTIFICATE of Mailing/Service United States Department of Labor by Plaintiff ACT for Health. (Van Bockern, Kristina) |
| Filing 17 CERTIFICATE of Mailing/Service Alexander Acosta by Plaintiff ACT for Health. (Van Bockern, Kristina) |
| Filing 16 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) |
| Filing 15 CASE REASSIGNED pursuant to #14 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 19-cv-00827-MEH. (Text Only Entry) (rkeec) |
| Filing 14 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 13 NOTICE of Entry of Appearance by Mark Brian Wiletsky on behalf of ACT for HealthAttorney Mark Brian Wiletsky added to party ACT for Health(pty:pla) (Wiletsky, Mark) |
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Filing 12
ORDER DIRECTING REASSIGNMENT re Motion for Preliminary Injunction [#2 ]. IT IS ORDERED that the clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Robert E. Blackburn on 03/20/2019. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 19-cv-00827-WYD. (athom, )
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| Filing 11 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (rvill, ) |
| Filing 10 Case assigned to Judge Robert E. Blackburn. Text Only Entry. (rvill, ) |
| Filing 9 SUMMONS REQUEST as to U.S. Dept. of Labor by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) |
| Filing 8 SUMMONS REQUEST as to Office of Workers' Compensation Programs by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) |
| Filing 7 SUMMONS REQUEST as to Director Julia Hearthway by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) |
| Filing 6 SUMMONS REQUEST as to Secretary Alexander Acosta by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) |
| Filing 5 Exhibits in Support of #1 Complaint, Civil Case Cover Sheet by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT. (Van Bockern, Kristina) |
| Filing 3 BRIEF in Support of #2 MOTION for Preliminary Injunction filed by Plaintiff ACT for Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Van Bockern, Kristina) |
| Filing 2 WITHDRAWN MOTION for Preliminary Injunction by Plaintiff ACT for Health, Inc.. (Van Bockern, Kristina) Modified on 4/3/2019 to add text WITHDRAWN per Docket No. 35 (pabsec). |
| Filing 1 COMPLAINT Complaint / Petition for Review of Final Agency Action against Alexander Acosta, Department of Labor, Julia Hearthway, Office of Workers' Compensation Programs (Filing fee $ 400,Receipt Number 1082-6590507)Attorney Kristina R. Van Bockern added to party ACT for Health, Inc.(pty:pla), filed by ACT for Health, Inc..(Van Bockern, Kristina) |
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