HOSPITAL DR. CAYETANO COLL Y TOSTE et al v. AZAR
Plaintiff: HOSPITAL PAVIA HATO REY, INC., KAISER FOUNDATION HOSPITALS doing business as KAISER FOUNDATION HOSPITAL - SOUTH SACRAMENTO, HOSPITAL DR. PEREA, KAISER FOUNDATION HOSPITALS doing business as KAISER FOUNDATION HOSPITAL, HOSPITAL WILMA N. VAZQUEZ, HOSPITAL EPISCOPAL CRISTO REDENTOR, HOSPITAL DR. SUSONI, INC., HOSPITAL PAVIA SANTURCE, PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. doing business as PIH HEALTH HOSPITAL - WHITTIER, HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL EPISCOPAL SAN LUCAS II, CHAPMAN GLOBAL MEDICAL CENTER, INC. doing business as CHAPMAN GLOBAL MEDICAL CENTER formerly known as CHAPMAN MEDICAL CENTER, ORANGE COUNTY GLOBAL MEDICAL CENTER, INC. doing business as ORANGE COUNTY GLOBAL MEDICAL CENTER formerly known as WESTERN MEDICAL CENTER, SOUTH COAST GLOBAL MEDICAL CENTER, INC. doing business as SOUTH COAST GLOBAL MEDICAL CENTER formerly known as COASTAL COMMUNITIES HOSPITAL, COASTAL COMMUNITIES HOSPITAL, CHAPMAN MEDICAL CENTER and WESTERN MEDICAL CENTER
Defendant: ALEX M. AZAR, II
Case Number: 1:2020cv03298
Filed: November 13, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Amy Berman Jackson
Referring Judge: Trevor N McFadden
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 August 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2021 Cases Consolidated. Case 20cv3298,20cv3360,20cv3422,20cv3433 & 20cv3434 have been consolidated with 19mc190 pursuant to Minute Order filed 07/01/2021. ALL PLEADINGS MUST BE FILED IN LEAD CASE NO. 19mc190 (zjf)
July 22, 2021 Case directly reassigned to Judge Amy Berman Jackson pursuant to the July 1, 2021 order in 19-mc-190. Judge Trevor N. McFadden is no longer assigned to the case. (ztnr)
July 15, 2021 Filing 19 Joint STATUS REPORT by CHAPMAN GLOBAL MEDICAL CENTER, INC., HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL DR. PEREA, HOSPITAL DR. SUSONI, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR, HOSPITAL EPISCOPAL SAN LUCAS II, HOSPITAL PAVIA HATO REY, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL WILMA N. VAZQUEZ, KAISER FOUNDATION HOSPITALS, ORANGE COUNTY GLOBAL MEDICAL CENTER, INC., PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., SOUTH COAST GLOBAL MEDICAL CENTER, INC.. (Roth, Robert)
July 1, 2021 Opinion or Order Filing 18 ORDER. Upon review of the parties' joint status reports 107 113 submitted by the parties in 19-mc-190 (ABJ), the arguments therein, and the record as a whole, the Court has reconsidered its February 14, 2021 Minute Order and finds that it is appropriate to consolidate all claims at issue into this matter. The Clerk of Court is directed to docket a copy of this order in the cases as set forth in the order (see the order for the list of cases) and to transfer the cases and consolidate them into this matter. The ancillary jurisdictional claims are STAYED until September 15, 2021, and the parties shall file a joint status report by that date regarding those claims. The CMS Ruling 1739-R and pre-2004 claims are also STAYED, and the parties shall file simultaneous submissions by July 15, 2021 concerning whether remand of these claims is appropriate. See order for further details and instructions. Signed by Judge Amy Berman Jackson on 7/1/21. (jth)
April 23, 2021 Filing 17 Joint STATUS REPORT by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Clendenen, Michael)
April 23, 2021 Filing 16 NOTICE of Appearance by Kelly Anne Carroll on behalf of All Plaintiffs (Carroll, Kelly)
April 23, 2021 Opinion or Order MINUTE ORDER. Upon consideration of the parties' #17 Joint Status Report, it is hereby ORDERED that this matter shall remain stayed. It is further ORDERED that the parties shall file a Joint Status Report addressing further proceedings in this matter within 14 days of a decision in In re Allina II-Type DSH Adjustment Cases, Case No. 19-mc-190 (D.D.C.) on whether this case should be consolidated. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/23/2021. (lctnm3)
February 23, 2021 Filing 15 Unopposed MOTION to Stay Proceedings and MOTION to Vacate to Respond to Complaint by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Clendenen, Michael). Added MOTION to Vacate on 3/4/2021 (eg).
February 23, 2021 Opinion or Order MINUTE ORDER granting Defendant's #15 Unopposed Motion to Stay Proceedings and Vacate Deadline to Respond to Complaint. It is hereby ORDERED that the deadline for Defendant to respond to the complaint is VACATED. It is further ORDERED that this case shall be STAYED. The parties shall file a Joint Status Report by April 23, 2021 proposing further proceedings in this matter. Either party may move to lift the stay before this date. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/23/2021. (lctnm3)
February 23, 2021 Case Stayed. Joint Status Report due by 4/23/2021. (hmc)
February 19, 2021 Filing 14 NOTICE of Appearance by Michael Patrick Clendenen on behalf of All Defendants (Clendenen, Michael)
February 18, 2021 Filing 13 RESPONSE TO ORDER OF THE COURT re Order filed by ALEX M. AZAR, II. (View Docket Entry #12 to view document). (eg)
February 18, 2021 Filing 12 NOTICE and Response regarding Judge Jackson's February 14 Minute Order by ALEX M. AZAR, II (Attachments: #1 Exhibit February 16 filing in Allina II-Type Cases, #2 Exhibit February 17 filing in Allina II-Type Cases)(Orloff, Serena)
February 16, 2021 Filing 11 NOTICE of Judge Jackson's February 14, 2021 Minute Order by CHAPMAN GLOBAL MEDICAL CENTER, INC., HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL DR. PEREA, HOSPITAL DR. SUSONI, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR, HOSPITAL EPISCOPAL SAN LUCAS II, HOSPITAL PAVIA HATO REY, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL WILMA N. VAZQUEZ, KAISER FOUNDATION HOSPITALS, ORANGE COUNTY GLOBAL MEDICAL CENTER, INC., PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., SOUTH COAST GLOBAL MEDICAL CENTER, INC. (Attachments: #1 Exhibit A)(Roth, Robert)
February 16, 2021 Set/Reset Deadlines: Plaintiff's response due by 2/23/2021. (hmc)
February 16, 2021 Opinion or Order MINUTE ORDER. It is hereby ORDERED that Plaintiffs shall respond to Defendant's #10 Notice of Related Case on or before February 23, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/16/2021. (lctnm3)
February 12, 2021 Filing 10 NOTICE OF RELATED CASE by ALEX M. AZAR, II. Case related to Case No. 19-mc-190. (Orloff, Serena)
February 12, 2021 Filing 9 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of ALEX M. AZAR, II (Orloff, Serena)
February 8, 2021 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 2/8/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/08/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/3/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 4/4/2021.) (Attachments: #1 Exhibit A, #2 Exhibit B)(Roth, Robert)
January 21, 2021 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 1/4/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/4/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/4/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 3/5/2021.) (Attachments: #1 Exhibit A)(Roth, Robert)
December 29, 2020 Filing 6 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHAPMAN GLOBAL MEDICAL CENTER, INC., HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL DR. PEREA, HOSPITAL DR. SUSONI, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR, HOSPITAL EPISCOPAL SAN LUCAS II, HOSPITAL PAVIA HATO REY, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL WILMA N. VAZQUEZ, KAISER FOUNDATION HOSPITALS, ORANGE COUNTY GLOBAL MEDICAL CENTER, INC., PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., SOUTH COAST GLOBAL MEDICAL CENTER, INC. (Roth, Robert)
December 29, 2020 Filing 5 AMENDED COMPLAINT against ALEX M. AZAR, II filed by HOSPITAL PAVIA HATO REY, INC., KAISER FOUNDATION HOSPITALS, HOSPITAL DR. SUSONI, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL DR. PEREA, HOSPITAL WILMA N. VAZQUEZ, HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL EPISCOPAL SAN LUCAS II, PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR, CHAPMAN GLOBAL MEDICAL CENTER, INC., ORANGE COUNTY GLOBAL MEDICAL CENTER, INC., SOUTH COAST GLOBAL MEDICAL CENTER, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Roth, Robert)
November 17, 2020 Filing 4 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
November 13, 2020 Opinion or Order Filing 3 STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/13/2020. (lctnm3)
November 13, 2020 Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL DR. PEREA, HOSPITAL DR. SUSONI, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR, HOSPITAL EPISCOPAL SAN LUCAS II, HOSPITAL PAVIA HATO REY, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL WILMA N. VAZQUEZ, KAISER FOUNDATION HOSPITALS, PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. (Roth, Robert)
November 13, 2020 Filing 1 COMPLAINT against ALEX M. AZAR, II ( Filing fee $ 400 receipt number ADCDC-7833082) filed by HOSPITAL PAVIA HATO REY, INC., KAISER FOUNDATION HOSPITALS, HOSPITAL DR. SUSONI, INC., HOSPITAL PAVIA SANTURCE, HOSPITAL DR. PEREA, HOSPITAL WILMA N. VAZQUEZ, HOSPITAL DR. CAYETANO COLL Y TOSTE, HOSPITAL EPISCOPAL SAN LUCAS II, PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC., HOSPITAL EPISCOPAL CRISTO REDENTOR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons to Alex M. Azar II, Sec'y, U.S. Dep't of Health and Human Servs., #5 Summons to Hon. William P. Barr, Attorney General of the United States, #6 Summons to Hon. Michael R. Sherwin, United States Attorney for the District of Columbia, #7 Summons to Robert P. Charrow, General Counsel, U.S. Dep't of Health and Human Servs.)(Roth, Robert)
November 13, 2020 Case Assigned to Judge Trevor N. McFadden. (adh, )

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Plaintiff: HOSPITAL PAVIA HATO REY, INC.
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: KAISER FOUNDATION HOSPITALS doing business as KAISER FOUNDATION HOSPITAL - SOUTH SACRAMENTO
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL DR. PEREA
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: KAISER FOUNDATION HOSPITALS doing business as KAISER FOUNDATION HOSPITAL
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL WILMA N. VAZQUEZ
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL EPISCOPAL CRISTO REDENTOR
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL DR. SUSONI, INC.
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL PAVIA SANTURCE
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. doing business as PIH HEALTH HOSPITAL - WHITTIER
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL DR. CAYETANO COLL Y TOSTE
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: HOSPITAL EPISCOPAL SAN LUCAS II
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: CHAPMAN GLOBAL MEDICAL CENTER, INC. doing business as CHAPMAN GLOBAL MEDICAL CENTER formerly known as CHAPMAN MEDICAL CENTER
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: ORANGE COUNTY GLOBAL MEDICAL CENTER, INC. doing business as ORANGE COUNTY GLOBAL MEDICAL CENTER formerly known as WESTERN MEDICAL CENTER
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: SOUTH COAST GLOBAL MEDICAL CENTER, INC. doing business as SOUTH COAST GLOBAL MEDICAL CENTER formerly known as COASTAL COMMUNITIES HOSPITAL
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: COASTAL COMMUNITIES HOSPITAL
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: CHAPMAN MEDICAL CENTER
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Plaintiff: WESTERN MEDICAL CENTER
Represented By: Robert L. Roth
Represented By: Kelly Anne Carroll
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Defendant: ALEX M. AZAR, II
Represented By: Michael Patrick Clendenen
Represented By: Serena Maya Schulz Orloff
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