ASANTE et al v. AZAR et al
| ASANTE, YUMA REGIONAL MEDICAL CENTER, ROGUE VALLEY MEDICAL CENTER, THREE RIVERS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., RENOWN SOUTH MEADOWS HOSPITAL, ASHLAND COMMUNITY HOSPITAL, RENOWN REGIONAL MEDICAL CENTER, ASANTE THREE RIVERS MEDICAL CENTER, ASANTE ROGUE VALLEY MEDICAL CENTER, RENOWN SOUTH MEADOWS MEDICAL CENTER and ASANTE ASHLAND COMMUNITY HOSPITAL |
| Secretary ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administrator SEEMA VERMA, ALEX M. AZAR, II and SEEMA VERMA |
| 1:2019cv02512 |
| August 20, 2019 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Set/Reset Deadlines: Replies due by 10/29/2019. (tb) |
MINUTE ORDER granting #23 Defendants' Consent Motion for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss. Defendants' replies are due October 29, 2019. Signed by Judge Tanya S. Chutkan on 10/11/2019. (lctsc3)
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| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Text of Proposed Order)(Hammond, Derek) |
| Filing 22 Memorandum in opposition to re #19 MOTION to Dismiss filed by ASANTE, ASANTE ASHLAND COMMUNITY HOSPITAL, ASANTE ROGUE VALLEY MEDICAL CENTER, ASANTE THREE RIVERS MEDICAL CENTER, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., YUMA REGIONAL MEDICAL CENTER. (Attachments: #1 Affidavit Second Declaration of Dean L. Johnson, #2 Exhibit Exhibit A: SPA 09-018A, #3 Exhibit Exhibit B: SPA 09-18B, #4 Exhibit Exhibit C: SPA 11-006, #5 Exhibit Exhibit D: SPA 11-007, #6 Exhibit Exhibit E: SPA 11-024, #7 Exhibit Exhibit F: SPA 11-025, #8 Exhibit Exhibit G: SPA 14-001, #9 Exhibit Exhibit H: SPA 14-002, #10 Exhibit Exhibit I: SPA 17-004, #11 Exhibit Exhibit J: 17-005, #12 Exhibit Exhibit K: CMS 2015 QAF Approval Letter, #13 Exhibit Exhibit L: CMS 2017 QAF Approval Letter, #14 Exhibit Exhibit M: CMS March 2018 Directed Payment Approval Letter, #15 Exhibit Exhibit N: CMS December 2018 Directed Payment Approval Letter, #16 Exhibit Exhibit O: MPA Response to Safety Net Issue, #17 Exhibit Cornforth Declaration, #18 Exhibit Matsumoto Declaration, #19 Text of Proposed Order Regarding Production of Administrative Records and Supplemental Briefs)(Johnson, Dean) |
| Filing 21 REPLY re #3 MOTION to Take Judicial Notice filed by ASANTE, ASANTE ASHLAND COMMUNITY HOSPITAL, ASANTE ROGUE VALLEY MEDICAL CENTER, ASANTE THREE RIVERS MEDICAL CENTER, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., YUMA REGIONAL MEDICAL CENTER. (Johnson, Dean) |
| Filing 20 REPLY to opposition to motion re #2 MOTION for Preliminary Injunction filed by ASANTE, ASANTE ASHLAND COMMUNITY HOSPITAL, ASANTE ROGUE VALLEY MEDICAL CENTER, ASANTE THREE RIVERS MEDICAL CENTER, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., YUMA REGIONAL MEDICAL CENTER. (Johnson, Dean) |
| Filing 19 MOTION to Dismiss by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Hammond, Derek) |
| Filing 18 Memorandum in opposition to re #2 MOTION for Preliminary Injunction filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Declaration of Kristin Fan)(Hammond, Derek) |
| Set/Reset Deadlines: Response due by 9/24/2019. Reply due by 10/8/2019. (tb) |
| Filing 16 CERTIFICATE OF SERVICE by ASANTE, ASANTE ASHLAND COMMUNITY HOSPITAL, ASANTE ROGUE VALLEY MEDICAL CENTER, ASANTE THREE RIVERS MEDICAL CENTER, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., YUMA REGIONAL MEDICAL CENTER PURSUANT TO FRCP 4. (Attachments: #1 Exhibit Exhibit A - Azar, #2 Exhibit Exhibit B - DHHS, #3 Exhibit Exhibit C - Verma, #4 Exhibit Exhibit D - CMS, #5 Exhibit Exhibit E - Barr, #6 Exhibit Exhibit F - Liu)(Johnson, Dean) |
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MINUTE ORDER: Defendants' Consent Motion #9 for Enlargement of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction #9 is granted. Defendants shall respond to Plaintiffs' Motion for a Preliminary Injunction by September 24, 2019. It is further ordered that the parties shall meet and confer and propose a deadline for Plaintiffs' Reply. If the parties cannot agree, then Plaintiffs' Reply will be due by October 8, 2019. Signed by Judge Tanya S. Chutkan on 9/3/19. (DJS)
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| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/26/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/25/2019. (ztd) |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 8/26/2019 (Johnson, Dean) |
| Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 8/26/2019 (Johnson, Dean) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/26/2019 (Johnson, Dean) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 8/26/2019 (Johnson, Dean) Modified date served on 9/3/2019 (ztd). |
| Filing 11 ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/26/2019. (Johnson, Dean) Modified date served on 9/3/2019 (ztd). Modified on 9/3/2019 (ztd). |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/26/2019. (Johnson, Dean) Modified date served on 9/3/2019 (ztd). |
| Filing 9 Consent MOTION for Extension of Time to Respond to Plaintiffs' Motion for A Preliminary Injunction by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: #1 Text of Proposed Order)(Hammond, Derek) |
| Filing 8 NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) |
| Filing 7 SUMMONS (4) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Notice and Consent)(zmc) |
| Case assigned to Judge Tanya S. Chutkan. (zmc) |
| Filing 6 NOTICE of Appearance by Thomas J. Weiss on behalf of All Plaintiffs (Weiss, Thomas) |
| Filing 5 NOTICE of Appearance by Dean L. Johnson on behalf of All Plaintiffs (Johnson, Dean) |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests OF ALL PLAINTIFFS by ASANTE, ASHLAND COMMUNITY HOSPITAL, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS HOSPITAL, ROGUE VALLEY MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., THREE RIVERS MEDICAL CENTER, YUMA REGIONAL MEDICAL CENTER (Johnson, Dean) |
| Filing 3 MOTION to Take Judicial Notice by ASANTE, ASHLAND COMMUNITY HOSPITAL, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS HOSPITAL, ROGUE VALLEY MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., THREE RIVERS MEDICAL CENTER, YUMA REGIONAL MEDICAL CENTER (Johnson, Dean) |
| Filing 2 MOTION for Preliminary Injunction by ASANTE, ASHLAND COMMUNITY HOSPITAL, RENOWN REGIONAL MEDICAL CENTER, RENOWN SOUTH MEADOWS HOSPITAL, ROGUE VALLEY MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., THREE RIVERS MEDICAL CENTER, YUMA REGIONAL MEDICAL CENTER (Attachments: #1 Memorandum in Support, #2 Declaration Dean L. Johnson, #3 Exhibit Exhibit 1-A, #4 Exhibit Exhibit 1-B, #5 Exhibit Exhibit 1-C, #6 Exhibit Exhibit 1-D, #7 Exhibit Exhibit 1-E, #8 Exhibit Exhibit 1-F, #9 Exhibit Exhibit 1-G, #10 Exhibit Exhibit 1-H, #11 Exhibit Exhibit 1-I, #12 Exhibit Exhibit 1-J, #13 Exhibit Exhibit 1-K, #14 Exhibit Exhibit 1-L, #15 Exhibit Exhibit 1-M, #16 Exhibit Exhibit 1-N, #17 Exhibit Exhibit 1-O, #18 Exhibit Exhibit 1-P, #19 Exhibit Exhibit 1-Q, #20 Exhibit Exhibit 1-R, #21 Exhibit Exhibit 1-S, #22 Exhibit Exhibit 1-T, #23 Exhibit Exhibit 1-U, #24 Text of Proposed Order)(Johnson, Dean) |
| Filing 1 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants ( Filing fee $ 400 receipt number 0090-6331803) filed by RENOWN SOUTH MEADOWS HOSPITAL, THREE RIVERS MEDICAL CENTER, SKY LAKES MEDICAL CENTER INC., ROGUE VALLEY MEDICAL CENTER, YUMA REGIONAL MEDICAL CENTER, ASANTE, ASHLAND COMMUNITY HOSPITAL, RENOWN REGIONAL MEDICAL CENTER. (Attachments: #1 Summons AZAR, #2 Summons HHS, #3 Summons CMS, #4 Summons VERMA, #5 Civil Cover Sheet)(Johnson, Dean) |
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