FLOWER HOSPITAL et al v. AZAR
Plaintiff: MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, E.A. CONWAY MEDICAL CENTER, BAY PARK COMMUNITY HOSPITAL, MERCY MEDICAL CENTER, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, D C H REGIONAL MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, EMMA BIXBY MEDICAL CENTER, FLOWER HOSPITAL, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, LSU HEALTH SCIENCES CENTER-SHREVEPORT, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, NORTHPORT MEDICAL CENTER DCH, FAYETTE MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER and ST. VINCENT CHARITY MEDICAL CENTER
Defendant: ALEX M. AZAR, II
Case Number: 1:2019cv01046
Filed: April 12, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Beryl A Howell
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42 U.S.C. ยง 1395
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 15 NOTICE REGARDING ORDERS ISSUED IN SIMILAR CASES by BAY PARK COMMUNITY HOSPITAL, D C H REGIONAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, FAYETTE MEDICAL CENTER, FLOWER HOSPITAL, LSU HEALTH SCIENCES CENTER-SHREVEPORT, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, MERCY MEDICAL CENTER, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE (Marcus, Kenneth)
July 3, 2019 Filing 14 Joint STATUS REPORT by BAY PARK COMMUNITY HOSPITAL, D C H REGIONAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, FAYETTE MEDICAL CENTER, FLOWER HOSPITAL, LSU HEALTH SCIENCES CENTER-SHREVEPORT, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, MERCY MEDICAL CENTER, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE. (Attachments: #1 Text of Proposed Order DEFENDANT'S PROPOSED ORDER, #2 Text of Proposed Order PLAINTIFFS' PROPOSED ORDER)(Marcus, Kenneth)
July 3, 2019 Opinion or Order MINUTE ORDER (paperless) EXTENDING, upon consideration of the parties' #14 Joint Status Report, the stay, and DIRECTING the parties to file a further joint status report by September 5, 2019, which status report shall propose a date for the filing of a motion to consolidate, unless such motion has been filed by then. Signed by Chief Judge Beryl A. Howell on July 3, 2019. (lcbah2)
July 3, 2019 Set/Reset Deadlines: Joint Status Report due by 9/5/2019. (tg)
June 17, 2019 Opinion or Order Filing 13 STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 17, 2019. (lcbah2)
May 16, 2019 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #12 Joint Motion to Stay Proceedings; and DIRECTING the parties to file, within thirty days of the Supreme Court's decision on the merits in Azar v. Allina Health Services, No. 17-1484, a further joint status report with a proposed schedule for this case. Signed by Chief Judge Beryl A. Howell on May 16, 2019. (lcbah2)
May 14, 2019 Filing 12 Joint MOTION to Stay Proceedings by ALEX M. AZAR, II (Attachments: #1 Text of Proposed Order)(Bryce, Peter)
May 13, 2019 Filing 11 ERRATA PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE WHY CASE IS NOT RELATED TO ALLINA HEALTH SERVICES V. BURWELL AND GOOD SAMARITAN HOSPITAL V. AZAR by BAY PARK COMMUNITY HOSPITAL, D C H REGIONAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, FAYETTE MEDICAL CENTER, FLOWER HOSPITAL, LSU HEALTH SCIENCES CENTER-SHREVEPORT, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, MERCY MEDICAL CENTER, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE Order,,,,. (Marcus, Kenneth)
May 13, 2019 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by BAY PARK COMMUNITY HOSPITAL, D C H REGIONAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, FAYETTE MEDICAL CENTER, FLOWER HOSPITAL, LSU HEALTH SCIENCES CENTER-SHREVEPORT, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, MERCY MEDICAL CENTER, NORTHPORT MEDICAL CENTER DCH, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE re Order,,,, . (Marcus, Kenneth)
May 8, 2019 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 4/30/2019 (Marcus, Kenneth)
May 8, 2019 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/2019. (Marcus, Kenneth)
May 8, 2019 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 4/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2019. (Marcus, Kenneth)
May 3, 2019 Filing 6 NOTICE of Appearance by Peter M. Bryce on behalf of ALEX M. AZAR, II (Bryce, Peter)
April 17, 2019 Opinion or Order MINUTE ORDER (paperless) DIRECTING the plaintiffs to show cause why Flower Hospital, et al. v. Azar, 19-cv-1046, should not be related to Allina Health Services, et al. v. Burwell, 14-cv-1415 (TJK), and Good Samaritan Hospital v. Azar, 19-cv-675 (TJK), in which plaintiffs also seek orders declaring the Secretary of Health and Human Services' calculation of Disproportionate Share Hospital ("DSH") payments for years prior to October 1, 2013 to be contrary to law because the Secretary's treatment of Medicare Part C days as Medicare Part A days in calculating DSH payments was required to undergo notice-and-comment rulemaking, pursuant to the Medicare Act, 42 U.S.C. § 1395hh(a)(2). Compare Alhambra Hospital and Medical Center v. Azar, 18-cv-590 (BAH), Complaint ¶¶ 42-43, 47 (filed Mar. 16, 2018), with Allina Health Services, et al. v. Burwell, 14-cv-1415 (TJK), Complaint ¶¶ 46-47, 53 (filed Aug. 19, 2014). Signed by Chief Judge Beryl A. Howell on April 17, 2019. (lcbah2)
April 16, 2019 Filing 5 AMENDED COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by MERCY MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, ST. FRANCIS MEDICAL CENTER, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, BAY PARK COMMUNITY HOSPITAL, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, FLOWER HOSPITAL, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, D C H REGIONAL MEDICAL CENTER, NORTHPORT MEDICAL CENTER DCH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, LSU HEALTH SCIENCES CENTER-SHREVEPORT, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, E.A. CONWAY MEDICAL CENTER, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, FAYETTE MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit Comparison Document)(Marcus, Kenneth)
April 16, 2019 Filing 4 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, )
April 16, 2019 Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BAY PARK COMMUNITY HOSPITAL, D C H REGIONAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, FAYETTE MEDICAL CENTER, FLOWER HOSPITAL, LSU HEALTH SCIENCES CENTER-SHREVEPORT, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, MERCY MEDICAL CENTER, NORTHPORT MEDICAL CENTER DCH, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, ST. FRANCIS MEDICAL CENTER, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE (Marcus, Kenneth)
April 16, 2019 Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-1367. (Marcus, Kenneth)
April 16, 2019 Case Assigned to Chief Judge Beryl A. Howell. (zef, )
April 12, 2019 Filing 1 COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY AND INJUNCTIVE RELIEF against ALEX M. AZAR, II SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6058132) filed by MERCY MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN, ST. FRANCIS MEDICAL CENTER, TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE, BAY PARK COMMUNITY HOSPITAL, TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO, FLOWER HOSPITAL, TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD, TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL, TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST, D C H REGIONAL MEDICAL CENTER, NORTHPORT MEDICAL CENTER DCH, OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER, EMMA BIXBY MEDICAL CENTER, LSU HEALTH SCIENCES CENTER-SHREVEPORT, ST. VINCENT CHARITY MEDICAL CENTER, TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE, TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN, TEXAS HEALTH HARRIS METHODIST FORTH WORTH, E.A. CONWAY MEDICAL CENTER, OUR LADY OF LOURDES REGIONAL MEDICAL CENTER, FAYETTE MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH. (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, #5 Exhibit 1)(Marcus, Kenneth)

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Search for this case: FLOWER HOSPITAL et al v. AZAR
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Plaintiff: MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS
Represented By: Kenneth R. Marcus
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Plaintiff: E.A. CONWAY MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: BAY PARK COMMUNITY HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: MERCY MEDICAL CENTER
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Plaintiff: OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: D C H REGIONAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH PRESBYTERIAN HOSPITAL PLANO
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH PRESBYTERIAN HOSPITAL ALLEN
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH HARRIS METHODIST FORTH WORTH
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTHCARE HARRIS METHODIST HOSPITAL CLEBURNE
Represented By: Kenneth R. Marcus
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Plaintiff: OUR LADY OF THE LAKE ASCENSION COMMUNITY HOSPITAL-ST. ELIZABETH
Represented By: Kenneth R. Marcus
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Plaintiff: EMMA BIXBY MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: FLOWER HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH HARRIS METHODIST HURST-EULESS-BEDFORD
Represented By: Kenneth R. Marcus
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Plaintiff: LSU HEALTH SCIENCES CENTER-SHREVEPORT
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH ARLINGTON MEMORIAL HOSPITAL
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALH HARRIS METHODIST HOSPITAL SOUTHWEST
Represented By: Kenneth R. Marcus
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Plaintiff: OUR LADY OF LOURDES REGIONAL MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH PRESBYTERIAN HOSPITAL KAUFMAN
Represented By: Kenneth R. Marcus
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Plaintiff: TEXAS HEALTH HARRIS METHODIST HOSPITAL STEPHENVILLE
Represented By: Kenneth R. Marcus
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Plaintiff: NORTHPORT MEDICAL CENTER DCH
Represented By: Kenneth R. Marcus
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Plaintiff: FAYETTE MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: ST. FRANCIS MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Plaintiff: ST. VINCENT CHARITY MEDICAL CENTER
Represented By: Kenneth R. Marcus
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Defendant: ALEX M. AZAR, II
Represented By: Peter M. Bryce
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