In Re: ALLINA II-TYPE DSH ADJUSTMENT CASES
| COOKEVILLE REGIONAL MEDICAL CENTER AUTHORITY, MISSISSIPPI BAPTIST MEDICAL CENTER, INC., ST. JOSEPH'S UNIVERSITY MEDICAL CENTER, SOUTHERN CALIFORNIA HEALTHCARE SYSTEM, INC., MAURY REGIONAL HOSPITAL, NICHOLAS H. NOYES MEMORIAL HOSPITAL, INC., SLIDELL MEMORIAL HOSPITAL, TRI-CITY HEALTHCARE DISTRICT, KAWEAH DELTA HEALTH CARE DISTRICT, COOPER HEALTH SYSTEM, ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, INC., LONG BEACH MEMORIAL MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, RUBY MEMORIAL HOSPITAL, KAWEAH DELTA MEDICAL CENTER, AFFINITY HOSPITAL, LLC, ST. AGNES MEDICAL CENTER, TEXAS HEALTH HARRIS METHODIST HOSPITAL FORT WORTH, REDLANDS COMMUNITY HOSPITAL, ST. JOSEPH, EDWARD W. SPARROW HOSPITAL, UNIVERSITY OF NORTH CAROLINA HOSPITALS AT CHAPEL HILL, YALE-NEW HAVEN HOSPITAL, JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2, ST. TAMMANY PARISH HOSPITAL SERVICE DISTRICT NO., FLOWER HOSPITAL, SHARP MEMORIAL HOSPITAL, ST. FRANCIS HOSPITAL, INC., BAPTIST MEMORIAL HOSPITAL - DESOTO, COOPER UNIVERSITY HOSPITAL, METHODIST HEALTHCARE-MEMPHIS HOSPITALS, SSM GOOD SAMARITAN REGIONAL HEALTH CENTER, AVOYELLES HOSPITAL, SOUTHERN MAINE MEDICAL CENTER, FLORIDA HEALTH SCIENCES CENTER, INC., COOKEVILLE REGIONAL MEDICAL CENTER, NYACK HOSPITAL, SHARP CORONADO HOSPITAL AND HEALTHCARE CENTER, ALBANY MEDICAL CENTER HOSPITAL, SAN ANTONIO REGIONAL HOSPITAL, ADVENTIST BOLINGBROOK HOSPITAL, ALLIANCE COMMUNITY HOSPITAL, MISSISSIPPI BAPTIST MEDICAL CENTER, TRI-CITY MEDICAL CENTER, ARIZONA REGIONAL MEDICAL CENTER, TEXAS HEALTH HARRIS METHODIST HOSPITAL H.E.B., METHODIST MEDICAL CENTER OF ILLINOIS, AIKEN REGIONAL MEDICAL CENTERS, LLC, HOLLYWOOD PRESBYTERINAN MEDICAL CENTER, MASSACHUSETTS GENERAL HOSPITAL, ALVARADO HOSPITAL MEDICAL CENTER, ADVOCATE CHRIST MEDICAL CENTER, SAMARITAN HOSPITAL-SAINT MARY'S CAMPUS, W.O. MOSS REGIONAL MEDICAL CENTER, TRINITAS REGIONAL MEDICAL CENTER, MAURY REGIONAL MEDICAL CENTER, LEHIGH REGIOINAL MEDICAL CENTER, ADVOCATE CHRIST HOSPITAL, WILLIS KNIGHTON BOSSIER HEALTH CENTER, AHS CUSHING HOSPITAL, LLC, GROSSMONT HOSPITAL CORPORATION, FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER, HIGH POINT REGIONAL HEALTH, BARNES-JEWISH HOSPITAL, WHITTIER HOSPITAL MEDICAL CENTER, ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, PROVIDENCE SAINT PETER HOSPITAL, SHARP CHULA VISTA MEDICAL CENTER, COVENANT MEDICAL CENTER, TEXAS HEALTH PRESBYTERIAN HOSPITAL DALLAS, BLOOMSBURG HOSPITAL, CHRISTUS GOOD SHEPHERD MEDICAL CENTER MARSHALL, ALLEN MEMORIAL HOSPITAL, HOUSTON METHODIST HOSPITAL, HACKENSACK UNIVERSITY MEDICAL CENTER, BROTMAN MEDICAL CENTER, SHANNON MEDICAL CENTER, ALAMANCE REGIONAL MEDICAL CENTER, SAINT MICHAEL'S MEDICAL CENTER, ST. JOSEPH HOSPITAL OF ORANGE, BEEBE MEDICAL CENTER, ATRIUM MEDICAL CENTER, MEDICAL CENTER OF MESQUITE, EARL K. LONG MEDICAL CENTER, MAINE COAST MEMORIAL HOSPITAL, WAYNE MEDICAL CENTER, LEONARD J. CHABERT MEDICAL CENTER, BROOKS MEMORIAL HOSPITAL, ALHAMBRA HOSPITAL AND MEDICAL CENTER, BON SECOURS DEPAUL MEDICAL CENTER, INC., UNIVERSITY OF WASHINGTON MEDICAL CENTER, SOUTHERN CALIFORNIA HOSPITAL AT CULVER CITY, ALBERT EINSTEIN HEALTHCARE NETWORK, MENIFEE VALLEY MEDICAL CENTER, LSU HEALTH SCIENCES CENTER-SHREVEPORT, BERKELEY MEDICAL CENTER, ROCHESTER GENERAL HOSPITAL, NICHOLAS H. NOYES MEMORIAL HOSPITAL, CHRISTUS GOOD SHEPHERD MEDICAL CENTER LONGVIEW, SAINT VINCENT'S MEDICAL CENTER, WYCKOFF HEIGHTS MEDICAL CENTER, ALTA LOS ANGELES HOSPITALS, INC., ASCENSION VIA CHRISTI HOSPITAL, ANDERSON HOSPITAL, MCG MEDICAL CENTER and POMONA VALLEY HOSPITAL MEDICAL CENTER |
| ALEX M. AZAR, II |
| ALLINA II-TYPE DSH ADJUSTMENT CASES |
| 1:2019mc00190 |
| November 4, 2019 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE of New Plaintiff Group's Position on Defendant's Motion for Voluntary Remand by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 18 NOTICE of Filing Revised Exhibit A to Defendant's Motion for Voluntary Remand by ALEX M. AZAR, II re #4 MOTION to Remand to U.S. Department of Health and Human Services (Attachments: #1 Exhibit Revised Exhibit A)(Bryce, Peter) |
MINUTE ORDER. The Court has reviewed the December 18, 2019 notice of related case filed by defendant in Capital Health System Inc. v. Azar, 19-cv-03504-RDM, the stated grounds for plaintiffs' objections to the notice and consolidation, and the pleadings in the case, and it is persuaded that the case falls squarely within the order of consolidation entered on November 4, 2019. Therefore, the Clerk of Court is directed to transfer Capital Health System, Inc. v. Azar, 19-cv-03504-RDM, to this Court with the consent of the judge currently assigned. The Clerk of Court is further direct to consolidate the case into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/20/19. (DMK)
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MINUTE ORDER. Upon review of the December 18, 2019 notice filed by defendant and pursuant to the order docketed on November 4, 2019, the Clerk of Court is directed to transfer to this Court Sharp Chula Vista Med. Ctr. v. Azar, 19-cv-03505-TNM, with the consent of the judge currently assigned. The Clerk of Court is further directed to consolidate the case into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/20/19. (DMK)
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| Filing 17 NOTICE Docketed Copy of Notice of Related Case Filed in Capital Health System Inc. v. Azar, 19-cv-03504-RDM (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 16 NOTICE Docketed Copy of Notice of Related Case Filed in Sharp Chula Vista Med. Ctr. v. Azar, 19-cv-03505-TNM (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
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MINUTE ORDER. The Court has reviewed the notices of related case filed by the defendant in Capital Health System, Inc. v. Azar, 19-cv-03229-TJK and in Holy Name Medical Center, Inc. v. Azar, 19-cv-03230-RC, the stated grounds for plaintiffs' objections to the notices and consolidation, and the pleadings in both cases, and it is persuaded that the cases fall squarely within the order of consolidation entered on November 4, 2019. Therefore, the Clerk of Court is directed to transfer Capital Health System, Inc. v. Azar, 19-cv-03229-TJK and Holy Name Medical Center, Inc. v. Azar, 19-cv-03230-RC to this Court with the consent of the judges currently assigned. The Clerk of Court is further direct to consolidate these cases into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/13/19. (DMK)
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MINUTE ORDER granting (16) Motion to Withdraw in case 1:18-cv-01718-ABJ. It is ORDERED that the motion to withdraw Jeffery L. Poston as counsel for plaintiff Yale-New Haven Hospital is GRANTED. Signed by Judge Amy Berman Jackson on 12/12/19. (DMK)
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| Filing 15 NOTICE Docketed Copy of Notice of Related Case Filed in Holy Name Med. Ctr. Inc. v. Azar, 19-cv-03230-RC (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 14 NOTICE Docketed Copy of Notice of Related Case Filed in Capital Health System Inc. v. Azar, 19-cv-03229-TJK (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 13 REPLY to opposition to motion re #4 MOTION to Remand to U.S. Department of Health and Human Services filed by ALEX M. AZAR, II. (Bryce, Peter) |
| Filing 12 NOTICE OF WITHDRAWAL OF APPEARANCE as to ALBERT EINSTEIN HEALTHCARE NETWORK, ST. FRANCIS HOSPITAL, INC., ST. JOSEPH HOSPITAL OF ORANGE. Attorney Christopher L. Keough terminated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Keough, Christopher) |
| Filing 11 NOTICE REGARDING NUMBER OF HOSPITAL COST YEARS IMPLICATING THE 2012 DSH SSI FRACTION by ST. AGNES MEDICAL CENTER (Marcus, Kenneth) |
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MINUTE ORDER. Pursuant to the order docketed on November 4, 2019, the Clerk of Court is directed to transfer the following cases to this Court with the consent of the judges currently assigned: Christus Good Shepherd Med. Ctr. Longview v. Azar, 19-cv-2897 (DLF); Saint Michael's Med. Ctr. v. Azar, 19-cv-03280 (DLF); Texas Health Presbyterian Hosp. Dallas v. Azar, 19-cv-02741 (RJL); and Cookeville Regional Med. Ctr. Authority v. Azar, 19-cv-02966 (JDB). The Clerk of Court is further direct to consolidate these cases into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/5/19. (DMK)
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| Filing 10 NOTICE Docketed Copy of Notice of Related Case Filed in Cookeville Regional Med. Ctr. Authority v. Azar, 19-cv-02966-JDB (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
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MINUTE ORDER. This order relates to Hollywood Presbyterian Medical Center v. Azar, 19-cv-1038; Shannon Medical Center v. Azar, 19-cv-1051; Fresno Community Hospital and Medical Center v. Azar, 19-cv-1224; University of North Carolina Hospitals at Chapel Hill v. Azar, 19-cv-1356; Alvarado Hospital Medical Center v. Azar, 19-cv-1378; High Point Regional Health v. Azar, 19-cv-1432; SSM Good Samaritan Regional Health Center v. Azar, 19-cv-1829; Whittier Hospital Medical Center v. Azar, 19-cv-1839; MCG Medical Center v. Azar, 19-cv-1855; Medical Center of Mesquite v. Azar, 19-cv-1968; Advocate Christ Medical Center v. Azar, 19-cv-2089; Willis Knighton Bossier Health Center v. Azar, 19-cv-2116; Avoyelles Hospital v. Azar, 19-cv-2177; St. Joseph Hospital of Orange v. Azar, 19-cv-2351; and St. Francis Hospital v. Azar, 19-cv-2411. It is ORDERED that the individual member cases consolidated in 19-mc-0190 that were not previously stayed are hereby STAYED pending further order of the Court. Signed by Judge Amy Berman Jackson on 12/3/19. (DMK)
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| Filing 9 Memorandum in opposition to re #4 MOTION to Remand to U.S. Department of Health and Human Services filed by ADVENTIST BOLINGBROOK HOSPITAL, ADVOCATE CHRIST HOSPITAL, ADVOCATE CHRIST MEDICAL CENTER(19-cv-2089), ADVOCATE CHRIST MEDICAL CENTER(18-cv-1385), AFFINITY HOSPITAL, LLC(18-cv-1956), AFFINITY HOSPITAL, LLC(18-cv-2110), AHS CUSHING HOSPITAL, LLC, AIKEN REGIONAL MEDICAL CENTERS, LLC, ALAMANCE REGIONAL MEDICAL CENTER, ALBANY MEDICAL CENTER HOSPITAL, ALBERT EINSTEIN HEALTHCARE NETWORK, ALHAMBRA HOSPITAL AND MEDICAL CENTER, ALLEN MEMORIAL HOSPITAL, ALLIANCE COMMUNITY HOSPITAL, ALLINA II-TYPE DSH ADJUSTMENT CASES, ALTA LOS ANGELES HOSPITALS, INC., ALVARADO HOSPITAL MEDICAL CENTER, ANDERSON HOSPITAL(17-cv-2749), ANDERSON HOSPITAL(19-cv-1386), ARIZONA REGIONAL MEDICAL CENTER, ASCENSION VIA CHRISTI HOSPITAL, ATRIUM MEDICAL CENTER(18-cv-1993), ATRIUM MEDICAL CENTER(19-cv-410), ATRIUM MEDICAL CENTER(18-cv-266), AVOYELLES HOSPITAL, BAPTIST MEMORIAL HOSPITAL - DESOTO, BARNES-JEWISH HOSPITAL, BEEBE MEDICAL CENTER, BERKELEY MEDICAL CENTER, BLOOMSBURG HOSPITAL, BON SECOURS DEPAUL MEDICAL CENTER, INC., BROOKS MEMORIAL HOSPITAL, COVENANT MEDICAL CENTER, E.A. CONWAY MEDICAL CENTER, EDWARD W. SPARROW HOSPITAL, FLORIDA HEALTH SCIENCES CENTER, INC., FLOWER HOSPITAL, FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER, HACKENSACK UNIVERSITY MEDICAL CENTER, HIGH POINT REGIONAL HEALTH, HOLLYWOOD PRESBYTERINAN MEDICAL CENTER, HOUSTON METHODIST HOSPITAL, JEFFERSON PARISH HOSPITAL SERVICE DISTRICT NO. 2, LEHIGH REGIOINAL MEDICAL CENTER, LONG BEACH MEMORIAL MEDICAL CENTER, MAINE COAST MEMORIAL HOSPITAL, MASSACHUSETTS GENERAL HOSPITAL, MCG MEDICAL CENTER, MEDICAL CENTER OF MESQUITE, MENIFEE VALLEY MEDICAL CENTER, METHODIST HEALTHCARE-MEMPHIS HOSPITALS, METHODIST MEDICAL CENTER OF ILLINOIS, NYACK HOSPITAL, PROVIDENCE SAINT PETER HOSPITAL, ROCHESTER GENERAL HOSPITAL, RUBY MEMORIAL HOSPITAL, SHANNON MEDICAL CENTER(19-cv-1051), SHANNON MEDICAL CENTER(18-cv-799), SOUTHERN MAINE MEDICAL CENTER, SSM GOOD SAMARITAN REGIONAL HEALTH CENTER, ST. AGNES MEDICAL CENTER, ST. FRANCIS HOSPITAL, INC., ST. JOSEPH HOSPITAL OF ORANGE, UNIVERSITY OF NORTH CAROLINA HOSPITALS AT CHAPEL HILL, UNIVERSITY OF WASHINGTON MEDICAL CENTER, WHITTIER HOSPITAL MEDICAL CENTER, WILLIS KNIGHTON BOSSIER HEALTH CENTER, YALE-NEW HAVEN HOSPITAL. (Attachments: #1 Text of Proposed Order)(Webster, Stephanie) |
| Filing 8 NOTICE Docketed Copy of Notice of Related Case Filed in Texas Health Presbyterian Hosp. Dallas v. Azar, 19-cv-02741-RJL (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 7 NOTICE Docketed Copy of Notice of Related Case Filed in Saint Michael's Med. Ctr. v. Azar, 19-cv-03280-DLF (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
| Filing 6 NOTICE Docketed Copy of Notice of Related Case Filed in Christus Good Shepherd Med. Ctr. Longview v. Azar, 19-cv-02897-DLF (DDC) by ALEX M. AZAR, II (Bryce, Peter) |
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MINUTE ORDER granting (14) in case 1:18-cv-01718-ABJ and (9) in case 1:19-cv-02201-ABJ: Motions for Leave of Rachel Wertheimer to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. All counsel are reminded to docket any filings relating to their individual cases in both their individual cases and in the consolidated ma tter, 19-mc-190. Signed by Judge Amy Berman Jackson on 11/26/19. (DMK)
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| NOTICE OF CORRECTED DOCKET ENTRY: The parties shall take notice that the Minute Order entered on this date has been revised. (tg) |
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MINUTE ORDER. This order relates to ALL CASES. The Court is aware that there may be additional complaints filed in this district that present the same legal issue before the Court in this consolidated matter: how the Secretary should apply Azar v. Allina Health Services, 139 S. Ct. 1804 (2019), to plaintiffs' DSH adjustments for the fiscal years before the 2013 Medicare Program Final Rule took effect. It is ORDERED that defendant shall review any pending Allina II-type cases that were not a subject of the consolidation order and promptly review any filed in the future, and if he determines that any case presents the same issue that is involved here, he shall file a notice of related case in that matter and docket a copy in this consolidated action. Defendant shall confer with plaintiffs' counsel in each such case and set forth in any notice plaintiffs' position on whether the case is related. Signed by Judge Amy Berman Jackson on 11/21/19. (DMK) Modified on 11/21/2019 (ztg).
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MINUTE ORDER. This order relates to 17-cv-1751, Florida Health Sciences Center v. Azar ("Florida Health Sciences"). Pursuant to the order of November 4, 2019, Counts I and III of Florida Health Sciences were consolidated with 17-cv-1134/19-mc-0190, while Count II remained with the court to which the case was originally assigned. For the administrative convenience of the Court and counsel, the Clerk of Court is directed to open a new civil action, transfer the parties in Florida Health Sciences to the new action, and copy Florida Health Sciences into the new action so that Count II may proceed separately before the originally assigned court. The parties in Florida Health Sciences will also remain in the consolidated case 17-cv-1134/19-mc-0190 so that Counts I and III may proceed before this Court. Signed by Judge Amy Berman Jackson on 11/20/19. (DMK)
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MINUTE ORDER. The Court has already set a schedule for the briefing of #4 defendant's motion for remand, and #5 the motion for deferral of defendant's motion for remand appears to be an effort to address the same subject matter in a duplicative and possibly unnecessary set of pleadings. The schedule for the filing of an opposition or reply to the motion for deferral is hereby suspended pending further order of the Court. Signed by Judge Amy Berman Jackson on 11/19/19. (DMK)
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| Filing 5 MOTION For Deferral of Defendant's Remand Motion Pending Summary Judgment Briefing on an Administrative Record re #4 MOTION to Remand to U.S. Department of Health and Human Services by ADVENTIST BOLINGBROOK HOSPITAL, ALAMANCE REGIONAL MEDICAL CENTER, ALBANY MEDICAL CENTER HOSPITAL, ALBERT EINSTEIN HEALTHCARE NETWORK, BROOKS MEMORIAL HOSPITAL, FLORIDA HEALTH SCIENCES CENTER, INC., ROCHESTER GENERAL HOSPITAL, ST. FRANCIS HOSPITAL, INC., ST. JOSEPH HOSPITAL OF ORANGE (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Webster, Stephanie) |
| Filing 4 MOTION to Remand to U.S. Department of Health and Human Services by ALEX M. AZAR, II (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Bryce, Peter) |
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MINUTE ORDER. For the administrative convenience of the Court and counsel, and given the large number of plaintiffs in the consolidated cases, the Clerk of Court is directed to list only the first named plaintiff in each of the 66 consolidated cases on the docket of this miscellaneous matter. This will reduce the number of parties appearing at the top of the electronic docket while ensuring that counsel in each of the consolidated cases will receive ECF notices of filings, and that they will be able to file in this matter without re-entering the names of all of the parties they represent. This purely administrative step does not alter the fact that claims filed on behalf of all of the plaintiffs involved in each of the individual cases, which -- with the exception of Count II in the Florida Health Sciences matter, 17-cv-1751 -- were consolidated in this miscellaneous matter on November 4, 2019 #1 , remain consolidated before this Court. Signed by Judge Amy Berman Jackson on 11/14/19. (DMK)
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| Filing 3 NOTICE OF WITHDRAWAL OF MOTION by ALLINA II-TYPE DSH ADJUSTMENT CASES PLAINTIFFS' WITHDRAWAL OF MOTION FOR ORDER TO MEET AND CONFER AND TO SUBMIT A CASE MANAGEMENT PLAN (Marcus, Kenneth) |
| Filing 2 Memorandum in opposition to Motion for Order to Meet and Confer and to Submit a Case Management Plan filed by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Bryce, Peter) |
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