ATRIUM MEDICAL CENTER et al v. AZAR, II
| COMMUNITY HOSPITALS OF INDIANA, INC, EVANSTON HOSPITAL, PROMEDICA TOLEDO HOSPITAL, COMMUNITY HOSPITAL SOUTH, UPPER VALLEY MEDICAL CENTER, PALMETTO HEALTH EASLEY, IU HEALTH BALL MEMORIAL, FRANCISCAN HEALTH INDIANAPOLIS, WARREN MEMORIAL HOSPITAL, JAMAICA HOSPITAL MEDICAL CENTER, GOOD SAMARITAN HOSPITAL, COMMUNITY HOSPITAL, THE, SAINT JOSEPH MERCY HOSPITAL, MOUNT CARMEL WEST, FRANCISCAN ST. JAMES HEALTH, PARKLAND HEALTH AND HOSPITAL SYSTEM, MIAMI VALLEY HOSPITAL, INDIANA UNIVERSITY HEALTH BLOOMINGTON, BRYAN LGH MEDICAL CENTER EAST, FLUSHING HOSPITAL MEDICAL CENTER, INDIANA UNIVERSITY HEALTH, SAINT AGNES MEDICAL CENTER, PROMEDICA BAY PARK COMMUNITY, MERCY GENERAL HEALTH PARTNERS - HACKLEY CAMPUS, MERCY GENERAL HEALTH PARTNERS - MERCY CAMPUS, PALMETTO HEALTH RICHLAND, PALMETTO HEALTH BAPTIST COLUMBIA, SAINT MARY'S HEALTH CARE, ATRIUM MEDICAL CENTER, MEMORIAL MEDICAL CENTER, ST. MARY'S MEDICAL CENTER, NORTHERN ILLINOIS MEDICAL CENTER, ST. CATHERINE HOSPITAL, WINCHESTER MEDICAL CENTER, PROMEDICA BIXBY MEDICAL CENTER and COMMUNITY HOSPITAL |
| ALEX M. AZAR, II |
| 1:2018cv00266 |
| February 5, 2018 |
| 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.
| Document Text |
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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 18
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 17 NOTICE of Filing Reply in Support of Motion to Consolidate by ALEX M. AZAR, II (Attachments: #1 Exhibit A - Reply ISO Motion to Consolidate)(Orloff, Serena) |
| Filing 16 RRESPONSE re #14 Notice (Other) of Plaintiffs' Opposition to Defendant's Motion for Consolidation filed by ATRIUM MEDICAL CENTER, BRYAN LGH MEDICAL CENTER EAST, COMMUNITY HOSPITAL, COMMUNITY HOSPITAL SOUTH, COMMUNITY HOSPITALS OF INDIANA, INC, EVANSTON HOSPITAL, FLUSHING HOSPITAL MEDICAL CENTER, FRANCISCAN HEALTH INDIANAPOLIS, FRANCISCAN ST. JAMES HEALTH, GOOD SAMARITAN HOSPITAL, INDIANA UNIVERSITY HEALTH, INDIANA UNIVERSITY HEALTH BLOOMINGTON, IU HEALTH BALL MEMORIAL, JAMAICA HOSPITAL MEDICAL CENTER, MEMORIAL MEDICAL CENTER, MERCY GENERAL HEALTH PARTNERS - HACKLEY CAMPUS, MERCY GENERAL HEALTH PARTNERS - MERCY CAMPUS, MIAMI VALLEY HOSPITAL, MOUNT CARMEL WEST, NORTHERN ILLINOIS MEDICAL CENTER, PALMETTO HEALTH BAPTIST COLUMBIA, PALMETTO HEALTH EASLEY, PALMETTO HEALTH RICHLAND, PARKLAND HEALTH AND HOSPITAL SYSTEM, PROMEDICA BAY PARK COMMUNITY, PROMEDICA BIXBY MEDICAL CENTER, PROMEDICA TOLEDO HOSPITAL, SAINT AGNES MEDICAL CENTER, SAINT JOSEPH MERCY HOSPITAL, SAINT MARY'S HEALTH CARE, ST. CATHERINE HOSPITAL, ST. MARY'S MEDICAL CENTER, UPPER VALLEY MEDICAL CENTER, WARREN MEMORIAL HOSPITAL, WINCHESTER MEDICAL CENTER. (Attachments: #1 Exhibit Plaintiffs' Opposition to Defendant's Motion for Consolidation)(Smith, N.); Modified event on 8/16/2019 (tth). |
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Filing 15
ORDER: Upon consideration of #13 the parties' Joint Status Report, it is HEREBY ORDERED that this case shall continue to be stayed. See document for details. Signed by Judge Rudolph Contreras on August 7, 2019. (lcrc3)
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| Filing 14 NOTICE of Motion to Consolidate by ALEX M. AZAR, II (Attachments: #1 Exhibit A - Motion to Consolidate)(Orloff, Serena) |
| Filing 13 Joint STATUS REPORT by ATRIUM MEDICAL CENTER, BRYAN LGH MEDICAL CENTER EAST, COMMUNITY HOSPITAL, COMMUNITY HOSPITAL SOUTH, COMMUNITY HOSPITALS OF INDIANA, INC, EVANSTON HOSPITAL, FLUSHING HOSPITAL MEDICAL CENTER, FRANCISCAN HEALTH INDIANAPOLIS, FRANCISCAN ST. JAMES HEALTH, GOOD SAMARITAN HOSPITAL, INDIANA UNIVERSITY HEALTH, INDIANA UNIVERSITY HEALTH BLOOMINGTON, IU HEALTH BALL MEMORIAL, JAMAICA HOSPITAL MEDICAL CENTER, MEMORIAL MEDICAL CENTER, MERCY GENERAL HEALTH PARTNERS - HACKLEY CAMPUS, MERCY GENERAL HEALTH PARTNERS - MERCY CAMPUS, MIAMI VALLEY HOSPITAL, MOUNT CARMEL WEST, NORTHERN ILLINOIS MEDICAL CENTER, PALMETTO HEALTH BAPTIST COLUMBIA, PALMETTO HEALTH EASLEY, PALMETTO HEALTH RICHLAND, PARKLAND HEALTH AND HOSPITAL SYSTEM, PROMEDICA BAY PARK COMMUNITY, PROMEDICA BIXBY MEDICAL CENTER, PROMEDICA TOLEDO HOSPITAL, SAINT AGNES MEDICAL CENTER, SAINT JOSEPH MERCY HOSPITAL, SAINT MARY'S HEALTH CARE, ST. CATHERINE HOSPITAL, ST. MARY'S MEDICAL CENTER, UPPER VALLEY MEDICAL CENTER, WARREN MEMORIAL HOSPITAL, WINCHESTER MEDICAL CENTER. (Attachments: #1 Text of Proposed Order Defendant's, #2 Text of Proposed Order Plaintiffs')(Smith, N.) |
| Filing 12 Joint STATUS REPORT by ALEX M. AZAR, II. (Orloff, Serena) |
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MINUTE ORDER: Upon consideration of #12 the parties' Joint Status Report, it is hereby ORDERED that this case shall remain stayed pending the Supreme Court's decision on the merits in Azar v. Allina Health Services. It is FURTHER ORDERED that the parties shall file a joint status report within thirty days of that decision. SO ORDERED. Signed by Judge Rudolph Contreras on October 29, 2018. (lcrc3)
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| Filing 11 Joint STATUS REPORT by ALEX M. AZAR, II. (Orloff, Serena) |
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MINUTE ORDER: Upon consideration of #11 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report within thirty days of the Supreme Court's grant or denial of certiorari in Azar v. Allina Health Services (No. 17-1484). SO ORDERED. Signed by Judge Rudolph Contreras on May 29, 2018. (lcrc3)
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| Case Stayed (tj) |
| Filing 10 Joint MOTION to Stay Proceedings by ALEX M. AZAR, II (Attachments: #1 Proposed Order)(Orloff, Serena) |
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MINUTE ORDER granting #10 Motion to Stay: It is hereby ORDERED that this case is STAYED. It is FURTHER ORDERED that the deadline for the Secretary to file an answer is VACATED pending further proceedings in Allina II . It is FURTHER ORDERED that 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 a filing. SO ORDERED. Signed by Judge Rudolph Contreras on 4/12/2018. (lcrc3)
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| Filing 9 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of ALEX M. AZAR, II (Orloff, Serena) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/15/2018. (Attachments: #1 Exhibit Certified Mail Receipt)(Smith, Nolan) (Main Document 8 replaced on 2/22/2018) (znmw). |
| 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 2/14/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2018. (Attachments: #1 Exhibit Certified Mail Receipt)(Smith, Nolan) (Main Document 7 replaced on 2/22/2018) (znmw). |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 2/14/2018 (Attachments: #1 Exhibit Certified Mail Receipt)(Smith, Nolan) (Main Document 6 replaced on 2/22/2018) (znmw). |
| Filing 5 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent) (zmd) |
| Case Assigned to Judge Rudolph Contreras. (zmd) |
| Filing 4 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ATRIUM MEDICAL CENTER, BRYAN LGH MEDICAL CENTER EAST, COMMUNITY HOSPITAL SOUTH, COMMUNITY HOSPITAL, THE, COMMUNITY HOSPITALS OF INDIANA, INC, EVANSTON HOSPITAL, FLUSHING HOSPITAL MEDICAL CENTER, FRANCISCAN HEALTH INDIANAPOLIS, FRANCISCAN ST. JAMES HEALTH, GOOD SAMARITAN HOSPITAL, INDIANA UNIVERSITY HEALTH, INDIANA UNIVERSITY HEALTH BLOOMINGTON, IU HEALTH BALL MEMORIAL, JAMAICA HOSPITAL MEDICAL CENTER, MEMORIAL MEDICAL CENTER, MERCY GENERAL HEALTH PARTNERS - HACKLEY CAMPUS, MERCY GENERAL HEALTH PARTNERS - MERCY CAMPUS, MIAMI VALLEY HOSPITAL, MOUNT CARMEL WEST, NORTHERN ILLINOIS MEDICAL CENTER, PALMETTO HEALTH BAPTIST COLUMBIA, PALMETTO HEALTH EASLEY, PALMETTO HEALTH RICHLAND, PARKLAND HEALTH AND HOSPITAL SYSTEM, PROMEDICA BAY PARK COMMUNITY, PROMEDICA BIXBY MEDICAL CENTER, PROMEDICA TOLEDO HOSPITAL, SAINT AGNES MEDICAL CENTER, SAINT JOSEPH MERCY HOSPITAL, SAINT MARY'S HEALTH CARE, ST. CATHERINE HOSPITAL, ST. MARY'S MEDICAL CENTER, UPPER VALLEY MEDICAL CENTER, WARREN MEMORIAL HOSPITAL, WINCHESTER MEDICAL CENTER (Smith, Nolan) |
| Filing 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 16-0150. (Smith, Nolan) |
| Filing 2 NOTICE of Appearance by Nolan Kent Smith on behalf of All Plaintiffs (Smith, Nolan) |
| Filing 1 COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY JUDGMENT UNDER THE MEDICARE ACT against ALEX M. AZAR, II ( Filing fee $ 400 receipt number 0090-5319042) filed by UPPER VALLEY MEDICAL CENTER, COMMUNITY HOSPITAL, THE, PALMETTO HEALTH EASLEY, FRANCISCAN HEALTH INDIANAPOLIS, PROMEDICA TOLEDO HOSPITAL, MIAMI VALLEY HOSPITAL, BRYAN LGH MEDICAL CENTER EAST, ATRIUM MEDICAL CENTER, MOUNT CARMEL WEST, ST. CATHERINE HOSPITAL, MERCY GENERAL HEALTH PARTNERS - MERCY CAMPUS, SAINT AGNES MEDICAL CENTER, PROMEDICA BIXBY MEDICAL CENTER, SAINT JOSEPH MERCY HOSPITAL, PALMETTO HEALTH BAPTIST COLUMBIA, MEMORIAL MEDICAL CENTER, PROMEDICA BAY PARK COMMUNITY, INDIANA UNIVERSITY HEALTH, ST. MARY'S MEDICAL CENTER, WINCHESTER MEDICAL CENTER, INDIANA UNIVERSITY HEALTH BLOOMINGTON, PALMETTO HEALTH RICHLAND, JAMAICA HOSPITAL MEDICAL CENTER, PARKLAND HEALTH AND HOSPITAL SYSTEM, SAINT MARY'S HEALTH CARE, FLUSHING HOSPITAL MEDICAL CENTER, COMMUNITY HOSPITAL SOUTH, GOOD SAMARITAN HOSPITAL, IU HEALTH BALL MEMORIAL, MERCY GENERAL HEALTH PARTNERS - HACKLEY CAMPUS, FRANCISCAN ST. JAMES HEALTH, COMMUNITY HOSPITALS OF INDIANA, INC, WARREN MEMORIAL HOSPITAL, NORTHERN ILLINOIS MEDICAL CENTER, EVANSTON HOSPITAL. (Attachments: #1 Civil Cover Sheet, #2 Summons to Alex M. Azar, II, #3 Summons to Jessie K. Liu, #4 Summons to Jeff Sessions)(Smith, Nolan) |
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