Hartford Hospital v. U.S. Department of Health and Human Services et al
Plaintiff: Hartford Hospital
Defendant: U.S. Department of Health and Human Services, Xavier Becerra, Health Resources & Services Administration and Carole Johnson
Case Number: 3:2023cv00667
Filed: May 23, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Maria E Garcia
Referring Judge: Sarala V Nagala
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Filing 27 NOTICE of Voluntary Dismissal by Hartford Hospital (Healy, James)
June 7, 2023 Opinion or Order Filing 26 Local Rule 41(b) ORDER: The parties have reported that this action has been settled in full. Rather than continue to keep the case open on the docket, the Clerk is directed to administratively close the file immediately, without prejudice to reopening by any party on or before July 7, 2023. If the parties wish to file a stipulation of dismissal, they may do so on or before July 7, 2023. The dates set forth in this order may be extended for good cause, upon a motion filed in accordance with Local Rule 7(b). Signed by Judge Sarala V. Nagala on 6/7/2023.(Bozek, M.)
June 7, 2023 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Bozek, M.)
May 26, 2023 Filing 25 Minute Entry for proceedings held before Judge Sarala V. Nagala: Telephonic Status Conference held on 5/26/2023. 4 minutes (Court Reporter Denae Hovland.) (Bozek, M.)
May 26, 2023 Filing 23 SETTLEMENT AGREEMENT signed by Judge Sarala V. Nagala on 5/26/2023. (Bozek, M.)
May 26, 2023 Opinion or Order Filing 22 ORDER granting #20 Joint MOTION for Entry of Settlement Agreement. Signed by Judge Sarala V. Nagala on 5/26/2023. (Bozek, M.)
May 26, 2023 Filing 21 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 5/26/2023 at 11:30 AM before Judge Sarala V. Nagala. Please use the following dial-in information for the call: Dial 888-363-4734, Access Code 9846829. (Bozek, M.)
May 26, 2023 Filing 20 Joint MOTION Entry of Settlement Agreement by Xavier Becerra, Health Resources & Services Administration, Carole Johnson, U.S. Department of Health and Human Services.Responses due by 6/16/2023 (Attachments: #1 Executed Settlement Agreement)(McConaghy, Michelle)
May 24, 2023 Filing 24 Minute Entry for proceedings held before Judge Sarala V. Nagala: Status Conference held on 5/24/2023. 11 minutes (Court Reporter Denae Hovland.) (Bozek, M.)
May 24, 2023 Set Deadline: Status Report due by 5/26/2023 at 10:00 AM. (Bozek, M.)
May 24, 2023 Opinion or Order Filing 19 ORDER. No later than May 26, 2023 at 10:00 am, the parties shall file a status report informing the Court on the progress of settlement negotiations, if a final settlement agreement has not been completed and submitted to the Court prior to that time. Signed by Judge Sarala V. Nagala on 5/24/23. (Marks, Joshua)
May 24, 2023 Filing 18 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Xavier Becerra, Health Resources & Services Administration, Carole Johnson, U.S. Department of Health and Human Services* with answer to complaint due within *21* days. Attorney *James John Healy* *Cowdery, Murphy, Dannehy & Healy, LLC* *280 Trumbull Street* *Hartford, CT 06103*. (Mendez, D)
May 24, 2023 Filing 17 NOTICE of Appearance by John W. Larson on behalf of Xavier Becerra, Health Resources & Services Administration, Carole Johnson, U.S. Department of Health and Human Services (Larson, John)
May 24, 2023 Filing 16 RESPONSE re 13 Order,, filed by Hartford Hospital. (Healy, James)
May 24, 2023 Filing 15 NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Xavier Becerra, Health Resources & Services Administration, Carole Johnson, U.S. Department of Health and Human Services (McConaghy, Michelle)
May 24, 2023 Opinion or Order Filing 14 ORDER. The Court has received communications from both parties independently that there has been substantial progress between the two sides towards a settlement of this matter. Nevertheless, the Court intends to go forward with the status conference previously scheduled for 3:00 p.m. this afternoon. During this conference, the Court will hear updates from each side regarding the progress of these negotiations. Signed by Judge Sarala V. Nagala on 5/24/23. (Marks, Joshua)
May 23, 2023 Opinion or Order Filing 13 ORDER. No later than noon tomorrow (May 24, 2023), Plaintiff shall submit briefing on the issue of whether the Court is empowered to grant the relief requested in the motion for a temporary restraining order in light of the separation of powers issue discussed in Rochester Pure Waters Dist. v. E.P.A., 960 F.2d 180 (D.C. Cir. 1992). Plaintiff should also be prepared to discuss this issue during tomorrow's status conference. If Defendants wish to be heard on this issue, they may also submit a brief no later than noon tomorrow. Signed by Judge Sarala V. Nagala on 5/23/23. (Marks, Joshua)
May 23, 2023 Opinion or Order Filing 12 ORDER granting #5 Motion to Appear Pro Hac Vice. Certificate of Good Standing due by 7/22/2023. Signed by Judge Sarala V. Nagala on 5/23/23. (Marks, Joshua)
May 23, 2023 Opinion or Order Filing 11 ORDER. No later than 11:00 am tomorrow, May 24, Plaintiff shall deliver two copies of the complaint, all exhibits summited in connection thereto, the motion for temporary restraining order, and the memorandum in support of the motion, to the Clerk of Court in Hartford. Each copy shall be in its own binder, with individual tabs between each document. Signed by Judge Sarala V. Nagala on 5/23/23. (Marks, Joshua)
May 23, 2023 Filing 10 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 5/24/2023 at 03:00 PM via Zoom before Judge Sarala V. Nagala. (Bozek, M.)
May 23, 2023 Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint, filed by Hartford Hospital, #2 MOTION for Temporary Restraining Order filed by Hartford Hospital, #8 Protective Order, #7 Electronic Filing Order, #4 Disclosure Statement filed by Hartford Hospital, #6 Order on Pretrial Deadlines, 3 Notice re: Disclosure Statement. Signed by Clerk on 5/23/2023. (Mendez, D)
May 23, 2023 Opinion or Order Filing 8 STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 5/23/2023. (Mendez, D)
May 23, 2023 Opinion or Order Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 5/23/2023. (Mendez, D)
May 23, 2023 Opinion or Order Filing 6 Order on Pretrial Deadlines: Amended Pleadings due by 7/22/2023. Discovery due by 11/22/2023. Dispositive Motions due by 12/27/2023. Signed by Clerk on 5/23/2023. (Mendez, D)
May 23, 2023 Filing 5 MOTION for Attorney(s) Brian R. Stimson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7356995) by Hartford Hospital. (Attachments: #1 Exhibit A)(Healy, James)
May 23, 2023 Filing 4 Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Hartford Hospital. (Healy, James)
May 23, 2023 Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/23/2023.(Anastasio, F.)
May 23, 2023 Filing 2 MOTION for Temporary Restraining Order by Hartford Hospital. (Attachments: #1 Memorandum in Support)(Healy, James)
May 23, 2023 Filing 1 COMPLAINT against Xavier Becerra, HEALTH RESOURCES & SERVICES ADMINISTRATION, Carole Johnson, U.S. Department of Health and Human Services ( Filing fee $402 receipt number ACTDC-7356374.), filed by Hartford Hospital. (Attachments: #1 Exhibit 1 (Declaration of Gerald Boisvert), #2 Supplement Tab 1 to Exhibit 1, #3 Supplement Tab 2 to Exhibit 1, #4 Supplement Tab 3 to Exhibit 1, #5 Supplement Tab 4 to Exhibit 1, #6 Supplement Tab 5 to Exhibit 1, #7 Supplement Tab 6 to Exhibit 1, #8 Supplement Tab 7 to Exhibit 1, #9 Supplement Tab 8 to Exhibit 1, #10 Supplement Tab 9 to Exhibit 1, #11 Supplement Tab 10 to Exhibit 1, #12 Supplement Tab 11 to Exhibit 1, #13 Supplement Tab 12 to Exhibit 1, #14 Supplement Tab 13 to Exhibit 1, #15 Supplement Tab 14 to Exhibit 1, #16 Supplement Tab 15 to Exhibit 1, #17 Exhibit 3, #18 Exhibit 3, #19 Exhibit 4)(Healy, James)
May 23, 2023 Request for Clerk to issue summons as to Xavier Becerra, HEALTH RESOURCES & SERVICES ADMINISTRATION, Carole Johnson, U.S. Department of Health and Human Services. (Healy, James)
May 23, 2023 Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Oliver, T.)
May 23, 2023 NOTICE regarding hearing via Zoom: The status conference scheduled for 5/24/2023 at 3:00 PM will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1610991892?pwd=ZTZKQ1hiTmp3MnlVS29MTTJ1VGxYZz09 and call in numbers are 1-669-254-5252 US (San Jose) or 1-646-828-7666 US (New York).Meeting ID: 161 099 1892 Meeting Password: 438886Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Bozek, M.)

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Plaintiff: Hartford Hospital
Represented By: James John Healy
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Defendant: U.S. Department of Health and Human Services
Represented By: Michelle Lynn McConaghy
Represented By: John W. Larson
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Defendant: Xavier Becerra
Represented By: John W. Larson
Represented By: Michelle Lynn McConaghy
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Defendant: Health Resources & Services Administration
Represented By: John W. Larson
Represented By: Michelle Lynn McConaghy
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Defendant: Carole Johnson
Represented By: John W. Larson
Represented By: Michelle Lynn McConaghy
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