HOUSTON METHODIST HOSPITAL et al v. AZAR
| HOUSTON METHODIST HOSPITAL, HOUSTON METHODIST BAYTOWN HOSPITAL, HOUSTON METHODIST SUGARLAND HOSPITAL and HOUSTON METHODIST WILLOWBROOK HOSPITAL |
| ALEX M. AZAR, II and HOUSTON METHODIST WEST HOSPITAL |
| 1:2019cv01150 |
| April 22, 2019 |
| US District Court for the District of Columbia |
| Christopher R Cooper |
| Amy Berman Jackson |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 |
| None |
Docket Report
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Filing 11
ORDER entered pursuant to the parties' joint status report 182 , voluntarily remanding, in whole or in part, the cases as set forth herein and vacating challenged decisions by the Provider Reimbursement Review Board dismissing claims under the 2008 self-disallowance regulation, 42 C.F.R. 405.1835(a)(1)(ii) (2008). The parties shall file a joint status report within 30 days of the publication in the Federal Register of the agency's final Part C days rule, addressing the status of ancillary jurisdictional claims of the sort that were carved out of the scope of this Court's order 74 granting voluntary remand on January 19, 2021. See Order for details. Signed by Judge Amy Berman Jackson on 12/6/21. (DMK)
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| Case directly reassigned to Judge Amy Berman Jackson pursuant to 38 Order dated 11/4/2019 in 17cv1134 (ABJ). Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) |
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Filing 10
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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| Set/Reset Deadlines: Motion due by 8/2/2019. Associated Cases: 1:18-cv-00222-CRC et al.(lsj) |
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MINUTE ORDER: Upon consideration of the parties' 27 joint status report and the plaintiffs' 28 notice, it is HEREBY ORDERED that the case shall continue to be stayed. The government shall file its anticipated motion for consolidation on or before August 2, 2019. If the government's motion is granted, the parties shall take further action as directed in the consolidated case. Otherwise, the parties shall file a further joint status report within thirty days of any denial of the motion to consolidate. Signed by Judge Christopher R. Cooper on 7/10/2019. Associated Cases: 1:18-cv-00222-CRC, 1:18-cv-01248-CRC, 1:18-cv-01385-CRC, 1:18-cv-01613-CRC, 1:18-cv-02171-CRC, 1:19-cv-00670-CRC, 1:19-cv-01008-CRC, 1:19-cv-01104-CRC, 1:19-cv-01150-CRC, 1:19-cv-01181-CRC, 1:19-cv-01216-CRC, 1:19-cv-01363-CRC, 1:19-cv-01366-CRC, 1:19-cv-01445-CRC, 1:19-cv-01600-CRC(lccrc1)
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| Filing 9 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of ALEX M. AZAR, II Associated Cases: 1:18-cv-00222-CRC, 1:19-cv-01150-CRC(Orloff, Serena) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 5/10/2019 (Marcus, Kenneth) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/14/2019. (Marcus, Kenneth) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/13/2019. (Marcus, Kenneth) |
| Cases consolidated. It is hereby ORDERED that 19cv1150 is CONSOLIDATED with Lead Case 18-cv-222 pursuant to Federal Rule of Civil Procedure 42(a). All future filings in these cases shall be made on the docket of the Lead Case 18-cv-222. The parties are advised NOT to select the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing and emails. (ztd) |
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MINUTE ORDER: It is hereby ORDERED that this case, 19-cv-1150, is hereby CONSOLIDATED with case 18-cv-222 pursuant to Federal Rule of Civil Procedure 42(a). All future filings in these cases shall be made on the docket of case 18-cv-222. It is further ORDERED that the consolidated case will remain stayed. The parties shall file a joint status report within thirty days of the Supreme Court's decision on the merits in Azar v. Allina Health Services (No. 17-1484). Signed by Judge Christopher R. Cooper on 4/29/2019. (lccrc1, )
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| Filing 5 AMENDED COMPLAINT FOR JUDICIAL REVIEW AND DECLARATORY AND INJUNCTIVE RELIEF against All Defendants filed by HOUSTON METHODIST WILLOWBROOK HOSPITAL, HOUSTON METHODIST HOSPITAL, HOUSTON METHODIST SUGARLAND HOSPITAL, HOUSTON METHODIST BAYTOWN HOSPITAL. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Comparison Of Complaint)(Marcus, Kenneth) |
| 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, ) |
| Case Assigned to Judge Christopher R. Cooper. (zef, ) |
| Filing 3 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 18-2171. (Marcus, Kenneth) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HOUSTON METHODIST BAYTOWN HOSPITAL, HOUSTON METHODIST HOSPITAL, HOUSTON METHODIST SUGARLAND HOSPITAL, HOUSTON METHODIST WILLOWBROOK HOSPITAL (Marcus, Kenneth) |
| 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 0090-6074973) filed by HOUSTON METHODIST WILLOWBROOK HOSPITAL, HOUSTON METHODIST HOSPITAL, HOUSTON METHODIST SUGARLAND HOSPITAL, HOUSTON METHODIST BAYTOWN HOSPITAL. (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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