MENIFEE VALLEY MEDICAL CENTER et al v. WRIGHT
| MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER, HEMET VALLEY MEDICAL CENTER and MENIFEE VALLEY MEDICAL CENTER |
| DON WRIGHT |
| 1:2017cv02029 |
| October 2, 2017 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Amy Berman Jackson |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 |
| None |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
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| Case directly reassigned to Judge Amy Berman Jackson pursuant to 38 Order dated 11/4/2019 in 17cv1134 (ABJ). Judge Rudolph Contreras, Judge Emmet G. Sullivan, Judge John D. Bates, Chief Judge Beryl A. Howell, Judge Christopher R. Cooper, Judge Dabney L. Friedrich, Judge Richard J. Leon, and Judge Rosemary M. Collyer is no longer assigned to the case. (ztnr) |
Filing 21
ORDER. With the consent of the district judges assigned to each of the individual cases, and the concurrence of the court's Calendar and Case Management Committee, the Secretary's 25 Motion to Consolidate is hereby GRANTED, except as to Count II of the Florida Health complaint, which challenges the 2013 rule. See Florida Health Sciences Center v. Price, No. 17-cv-1751 (RC), Fourth Am. Compl. [Dkt. #19]. The Clerk of Court is directed to reassign all of the other cases listed in footnote one, and Counts I and III of Florida Health, to this court by consent. The Clerk of Court is also directed to create a new miscellaneous matter which will include all of the individual cases. It is further ORDERRED that all pleadings, motions, or other papers relating to the consolidated cases shall be filed on the docket of the miscellaneous matter only and bear the following caption (see the order for the caption), reflecting the miscellaneous action number once it is assigned by the Clerk of the Court. This order shall be docketed in each of the individual cases. Finally, the Court notes that Allina II and Allina III were remanded based upon authority holding that "[u]nder settled principles of administrative law, when a court reviewing agency action determines that an agency made an error of law, the court's inquiry is at an end: the case must be remanded for further action consistent with the corrected legal standards." Allina II, Order [Dkt. #58]; Allina III, Order [Dkt. #34], quoting PPG Industries, Inc. v. United States, 52 F.3d 363, 365 (D.C. Cir. 1995). In consideration of those principles, it is ORDERED that any party taking the position that a remand of the newly consolidated cases is appropriate must file any motion for remand by November 15, 2019. Responses will be due by December 2, 2019, and any replies are due by December 9, 2019. Counsel for the plaintiffs in the consolidated matters are strongly encouraged to confer and submit a single, consolidated pleading; in the event that cannot be accomplished, any law firm representing more than one plaintiff may submit only one pleading on behalf of all of its clients. (The pleading may indicate if different plaintiffs take different view on the issue.) SO ORDERED. (SEE THE ORDER FOR COMPLETE DETAILS) Signed by Judge Amy Berman Jackson on 11/1/2019. (jth)
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| Filing 20 NOTICE of Filing Reply in Support of Motion to Consolidate by DON WRIGHT (Attachments: #1 Exhibit A - Reply ISO Motion to Consolidate)(Orloff, Serena) |
| Filing 19 NOTICE NON-PARTY PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO CONSOLIDATION by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER re #18 Notice (Other) (Attachments: #1 Exhibit A)(Marcus, Kenneth) |
| Filing 18 NOTICE of Motion to Consolidate by DON WRIGHT (Attachments: #1 Exhibit A - Motion to Consolidate)(Orloff, Serena) |
| Filing 17 NOTICE REGARDING ORDERS ISSUED IN SIMILAR CASES by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER (Marcus, Kenneth) |
| Filing 16 Joint STATUS REPORT (Corrected) by DON WRIGHT. (Attachments: #1 Defendant's Proposed Order, #2 Plaintiffs' Proposed Order)(Orloff, Serena) |
| Filing 15 Joint STATUS REPORT by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER. (Attachments: #1 Text of Proposed Order DEFENDANT'S PROPOSED ORDER, #2 Text of Proposed Order PLAINTIFFS' PROPOSED ORDER)(Marcus, Kenneth) |
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MINUTE ORDER. Upon consideration of the parties' #16 Joint Status Report and substantially for the reasons stated by the government therein, it is ORDERED that this case shall continue to be stayed. If the government's anticipated motion to consolidate is granted, the parties shall take further action as directed in the consolidated case. Otherwise, the parties shall file another joint status report within 30 days of any denial of the motion to consolidate. Signed by Judge Emmet G. Sullivan on 7/3/2019. (lcegs3)
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| Set/Reset Deadlines: Joint Status Report due by 7/3/2019. (mac) |
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MINUTE ORDER. On June 3, 2019, the Supreme Court issued its decision in Azar v. Allina Health Services, 139 S. Ct. 1804 (2019). The parties are directed to file a joint status report by no later than July 3, 2019. Signed by Judge Emmet G. Sullivan on 6/26/2019. (lcegs3)
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MINUTE ORDER in view of #14 joints status report, in which the parties state that the Supreme Court granted certiorari in Azar v. Allina Health Services (No. 17-1484), the stay in this case shall remain in effect. The parties are directed to file another status report within thirty days of the Supreme Court's decision on the merits in Azar v. Allina Health Services. Signed by Judge Emmet G. Sullivan on 11/2/2018. (lcegs3)
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| Filing 14 Joint STATUS REPORT by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER. (Marcus, Kenneth) |
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MINUTE ORDER in view of #13 joint status report, the stay in this case shall remain in effect. The parties are ordered to file a joint status report within thirty days of the Supreme Court's decision granting or denying the government's petition for certiorari in Azar v. Allina Health Services. Signed by Judge Emmet G. Sullivan on 8/28/2018. (lcegs3)
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| Filing 13 Joint STATUS REPORT by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER. (Marcus, Kenneth) |
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MINUTE ORDER in view of #12 joint status report, the stay in this case shall remain in effect. The parties shall file a joint status report within thirty days of either the filing of a petition for certiorari in Allina II or the expiration of the deadline for such filing. Signed by Judge Emmet G. Sullivan on 3/1/2018. (lcegs3)
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| Filing 12 Joint STATUS REPORT by DON WRIGHT. (Orloff, Serena) |
| Filing 11 Joint MOTION to Vacate Answer Date and, Joint MOTION to Stay Proceedings by DON WRIGHT (Attachments: #1 Proposed Order)(Orloff, Serena) |
| Filing 10 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of DON WRIGHT (Orloff, Serena) |
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MINUTE ORDER granting #11 joint motion to stay proceedings. It is therefore ordered that this case is hereby stayed. It is further ordered that the defendant's December 11, 2017 deadline to file an answer is hereby VACATED. Parties are ordered to file a joint status report within thirty days of the D.C. Circuit's decision on the petition for rehearing in Allina Health Services et al. v. Hargan, No. 16-5255 (D.C. Cir.). Signed by Judge Emmet G. Sullivan on 11/21/2017. (lcegs3)
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| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DON WRIGHT served on 10/10/2017 (Marcus, Kenneth) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/12/2017. (Marcus, Kenneth) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/11/2017. (Marcus, Kenneth) |
| Filing 6 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
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Filing 5
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 10/03/17. (Attachment: #1 Exhibit 1) (mac)
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| Filing 4 SUMMONS (3) Issued Electronically as to DON WRIGHT, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Case Assigned to Judge Emmet G. Sullivan. (zsb) |
| Filing 3 NOTICE OF RELATED CASE by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER. Case related to (Marcus, Kenneth) |
| Filing 2 Corporate Disclosure Statement by HEMET VALLEY MEDICAL CENTER, MENIFEE VALLEY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, TRI CITY MEDICAL CENTER. (Marcus, Kenneth) |
| Filing 1 COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY AND INJUNCTIVE RELIEF UNDER THE MEDICARE ACT against DON WRIGHT M.D., M.P.H., ACTING SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5141343) filed by MENIFEE VALLEY MEDICAL CENTER, TRI CITY MEDICAL CENTER, MORENO VALLEY COMMUNITY HOSPITAL, HEMET VALLEY MEDICAL CENTER. (Attachments: #1 Civil Cover Sheet, #2 Summons Secretary of Health and Human Services, #3 Summons Attorney General of the United States, #4 Summons United States Attorney for the District of Columbia)(Marcus, Kenneth) |
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