COMMUNITY ONCOLOGY ALLIANCE, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
| COMMUNITY ONCOLOGY ALLIANCE, INC. |
| U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, ALEX M. AZAR, II and CENTERS FOR MEDICARE AND MEDICAID SERVICES |
| AMERICAN SOCIETY OF CLINICAL ONCOLOGY |
| 1:2020cv03604 |
| December 11, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 NOTICE of Appearance by Jeffrey N. Rosenthal on behalf of COMMUNITY ONCOLOGY ALLIANCE, INC. (Rosenthal, Jeffrey) |
| Filing 28 STATUS REPORT by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Westmoreland, Rachael) |
| Case Stayed (mac) |
| Filing 27 NOTICE by COMMUNITY ONCOLOGY ALLIANCE, INC. re #26 Reply to Document (Carlson, Kierstan) |
MINUTE ORDER. In view of the supplemental briefing, see ECF Nos. 25 and 26, in response to the temporary restraining order entered by the U.S. District Court for the District of Maryland in Association of Community Cancer Centers v. Azar, No. 20-cv-03531-CCB (the "Maryland Action"), and the preliminary injunction (the "California PI") entered by the U.S. District Court for the Northern District of California in California Life Sciences Association v. CMS, No. 3:20-cv-08603-VC, and for good cause shown, it is hereby ORDERED that proceedings on Plaintiff Community Oncology Alliance, Inc.'s ("COA") #11 Motion for a Temporary Restraining Order or Preliminary Injunction (the "Motion") are hereby STAYED in light of the California PI, which enjoined Defendants from implementing the MFN Interim Final Rule. It is FURTHER ORDERED that Defendants shall file a status report with the Court immediately upon any of the following: (a) a determination has been made regarding whether Defendants intend to appeal the California PI or a similar ruling in the Maryland Action; or (b) a determination has been made that Defendants will not file such an appeal, and will instead proceed with a notice and comment period with respect to the MFN Interim Final Rule. It is FURTHER ORDERED that in the event Defendants appeal the California PI, or a similar ruling in the Maryland Action, Defendants shall file a status report with the Court immediately upon the appellate court's entry of its judgment on the appeal. It is FURTHER ORDERED that if an appellate court reverses, vacates, remands or modifies the California PI, or a similar ruling in the Maryland Action, the Court shall forthwith consider COA's Motion for a Temporary Restraining Order or Preliminary Injunction to restrain Defendants from implementing the MFN Interim Final Rule. It is FURTHER ORDERED that in the event Defendants do not appeal the California PI, or a similar ruling in the Maryland action, or an appellate court affirms any such preliminary injunction, the Court will hold COA's action in abeyance until the completion of the notice and comment period on the MFN Interim Final Rule, and, at that time, will schedule a teleconference with the parties to determine whether COA will continue to pursue Count II (statutory violations) and Count III (constitutional violations) of the Complaint, or move to amend the Complaint. It is FURTHER ORDERED that in the event a ruling temporarily restraining and/or enjoining Defendants in a related and/or subsequently filed case is issued prior to this Court ruling on the Motion, Defendants shall follow the procedures outlined herein with respect to notifying the Court of such ruling(s) as well as their decision to appeal said ruling(s) or to re-submit the MFN Interim Final Rule to the notice and comment process. Signed by Judge Emmet G. Sullivan on 12/31/2020. (lcegs3)
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| Filing 26 RESPONSE re #25 Supplemental Memorandum filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Exhibit)(Carlson, Kierstan) Modified event and link on 1/5/2021 (znmw). |
| Filing 25 SUPPLEMENTAL MEMORANDUM to re Order, filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Westmoreland, Rachael) |
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MINUTE ORDER. In view of #25 Defendants' Supplemental Brief, Plaintiff shall file its response by no later than December 30, 2020 at 5:00 PM. Signed by Judge Emmet G. Sullivan on 12/29/2020. (lcegs3)
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| Set/Reset Deadlines: Defendants Supplemental Brief due no later than 5:00PM on 12/29/2020. (mac) |
| Filing 24 NOTICE OF ORDER IN RELATED CASE by COMMUNITY ONCOLOGY ALLIANCE, INC. re #4 Notice of Related Case (Attachments: #1 Exhibit)(Carlson, Kierstan) |
| Filing 23 REPLY to opposition to motion re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Carlson, Kierstan) |
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MINUTE ORDER. In view of #20 notice of order in related case, it is hereby ORDERED that Defendants shall file a supplemental brief by no later than December 29, 2020 at 5:00 PM addressing its position on the nationwide temporary restraining order entered in Association of Community Cancer Centers v. Azar, No. 1:20-cv-03531-CCB (D. Md. Dec. 23, 2020), including any steps Defendants have taken in order to comply with the order. Signed by Judge Emmet G. Sullivan on 12/28/2020. (lcegs3)
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| Filing 22 Memorandum in opposition to re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Text of Proposed Order)(Westmoreland, Rachael) |
| Filing 21 NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of All Defendants (Westmoreland, Rachael) |
| Filing 20 NOTICE OF ORDER IN RELATED CASE by COMMUNITY ONCOLOGY ALLIANCE, INC. re #5 Notice of Related Case (Attachments: #1 Exhibit TRO, #2 Exhibit Memorandum)(Carlson, Kierstan) |
| Filing 19 NOTICE of Appearance by Laurence S. Shtasel on behalf of COMMUNITY ONCOLOGY ALLIANCE, INC. (Shtasel, Laurence) |
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MINUTE ORDER. In view of #17 joint status report, the parties shall adhere to the following briefing schedule: (1) Defendants shall file their opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by no later than December 26, 2020 at 12:00 PM; and (2) Plaintiff shall file its reply by no later than December 28, 2020 at 12:00 PM. Signed by Judge Emmet G. Sullivan on 12/23/2020. (lcegs3)
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| Set/Reset Deadlines: Defendants Opposition To Plaintiff's Motion for a Temporary Restraining Order And Preliminary Injunction due no later than 12:00PM on 12/26/2020. Plaintiff Reply due no later than 12:00PM on 12/28/2020. (mac) |
| Filing 18 AMICUS BRIEF in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by AMERICAN SOCIETY OF CLINICAL ONCOLOGY. (Webster, Stephanie) |
| Filing 17 Joint STATUS REPORT by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Carlson, Kierstan) |
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MINUTE ORDER granting #16 Unopposed MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by AMERICAN SOCIETY OF CLINICAL ONCOLOGY. Signed by Judge Emmet G. Sullivan on 12/22/2020. (lcegs3)
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| Filing 16 Unopposed MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction by AMERICAN SOCIETY OF CLINICAL ONCOLOGY (Attachments: #1 Brief of American Society of Clinical Oncology as Amicus Curiae, #2 Text of Proposed Order)(Webster, Stephanie) |
| Filing 15 NOTICE of Appearance by Stephanie Ann Webster on behalf of AMERICAN SOCIETY OF CLINICAL ONCOLOGY (Webster, Stephanie) |
| Filing 14 NOTICE OF RELATED CASE by COMMUNITY ONCOLOGY ALLIANCE, INC.. Case related to Case No. S.D.N.Y. CA No. 20-10488. (Carlson, Kierstan) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/15/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/13/2021. (Carlson, Kierstan) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas F. Brier, Jr., Filing fee $ 100, receipt number ADCDC-7981421. Fee Status: Fee Paid. by COMMUNITY ONCOLOGY ALLIANCE, INC. (Attachments: #1 Text of Proposed Order)(Carlson, Kierstan) |
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MINUTE ORDER. On December 11, 2020, Plaintiff informed the Court of two related cases growing out of the same event or transaction as this case: Association of Community Cancer Centers v. Azar, No. 20-3531 (D. Md.), and Biotechnology Innovation Org. v. Azar, No. 20-8603 (N.D. Cal.). See #4 Notice of Related Case; #5 Notice of Related Case. On December 21, 2020, Plaintiff filed another notice informing the Court of a third related case: Regeneron Pharmaceuticals, Inc. v. U.S. Department of Health and Human Services, No. 20-10488 (S.D.N.Y.). See #14 Notice of Related Case. In view of #4 , #5 , #14 notices of related cases, the parties are hereby DIRECTED to file a joint status report by no later than December 22, 2020 at 5:00 PM addressing whether they consent to the transfer of this case to a district in which one of the related cases is currently pending for the purposes of potential consolidation. See 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented."). Signed by Judge Emmet G. Sullivan on 12/21/2020. (lcegs3)
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MINUTE ORDER granting #12 motion for leave to appear pro hac vice. Thomas F. Brier, Jr., is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 12/21/2020. (lcegs3)
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MINUTE ORDER. In view of #11 motion for a temporary restraining order and preliminary injunction, plaintiff is HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than December 22, 2020 at 5:00 PM with recommendations for further proceedings, including, inter alia, (1) whether plaintiff's motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiff's motion. Signed by Judge Emmet G. Sullivan on 12/21/2020. (lcegs3)
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| Set/Reset Deadlines: Joint Status Report due no later than 5:00PM on 12/22/2020 (mac) |
| Filing 11 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by COMMUNITY ONCOLOGY ALLIANCE, INC. (Attachments: #1 Memorandum in Support, #2 Exhibit Seiden Declaration, #3 Exhibit Okon Declaration, #4 Exhibit McAneny Declaration, #5 Exhibit Vacirca Declaration, #6 Exhibit Roefaro Declaration, #7 Exhibit Kay Declaration, #8 Exhibit Oubre Declaration, #9 Exhibit Russo Declaration, #10 Exhibit Gallo Declaration, #11 Text of Proposed Order)(Carlson, Kierstan) |
| Filing 10 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zrdj) |
| Filing 9 REQUEST FOR SUMMONS TO ISSUE to Attorney General Barr and Acting U.S. Attorney Sherwin re #1 Complaint, filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. Related document: #1 Complaint, filed by COMMUNITY ONCOLOGY ALLIANCE, INC..(Carlson, Kierstan) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laurence S. Shtasel, Fee Status: Receipt #ADCDC-7952419, $ 100.00. by COMMUNITY ONCOLOGY ALLIANCE, INC. (Attachments: #1 Text of Proposed Order)(rj) |
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Filing 7
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/14/20. (Attachment: #1 Exhibit 1) (mac)
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MINUTE ORDER granting #8 motion for leave to appear pro hac vice. Laurence S. Shtasel is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 12/14/2020. (lcegs3)
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| Filing 6 SUMMONS (4) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Summons 2, #2 Summons 3, #3 Summons 4, #4 Notice and Consent) (zmd) |
| Filing 5 NOTICE OF RELATED CASE by COMMUNITY ONCOLOGY ALLIANCE, INC.. Case related to USDC of Maryland. (zmd) |
| Filing 4 NOTICE OF RELATED CASE by COMMUNITY ONCOLOGY ALLIANCE, INC. Case related to USDC for the Northern District of California. (zmd) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COMMUNITY ONCOLOGY ALLIANCE, INC. (Carlson, Kierstan) |
| Filing 2 NOTICE of Appearance by Kierstan Lee Carlson on behalf of COMMUNITY ONCOLOGY ALLIANCE, INC. (Carlson, Kierstan) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-7947071) filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons to Dep't of HHS, #3 Summons to Secretary Azar, #4 Summons to CMS, #5 Summons to Administrator Verma, #6 Notice of Related Cases (N.D. Cal. 20-cv-08603), #7 Notice of Related Cases (D. Md. 20-cv-03531))(Carlson, Kierstan) |
| Case Assigned to Judge Emmet G. Sullivan. (zmd) |
| SUMMONS Not Issued as to U.S. Attorney and U.S. Attorney General. (zmd) |
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