NATIONAL COMMUNITY PHARMACISTS ASSOCIATION v. BECERRA
| NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, AMERICAN PHARMACISTS ASSOCIATION, TYSON DRUGS, INC. doing business as TYSON DRUG CO., HI-SCHOOL PHARMACY SERVICES LLC, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC. doing business as FRUTH PHARMACY and KARE INC. doing business as KARE DRUG |
| ALEX M. AZAR, II, NORRIS COCHRAN and XAVIER BECERRA |
| 1:2021cv00131 |
| January 15, 2021 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 HHS: Adverse Reimbursement Review |
| None |
Docket Report
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| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs (Smith, Robert) |
MINUTE ORDER. In light of the parties' joint status report #26 , it is ORDERED that a further status report is due by June 27, 2022 if this matter is not dismissed before that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/6/2022. (DMK)
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| Filing 26 Joint STATUS REPORT by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Smith, Robert) |
| Filing 25 NOTICE of Appearance by Howard Robert Rubin on behalf of All Plaintiffs (Rubin, Howard) |
| Filing 24 Consent MOTION to Stay Litigation by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Smith, Robert) |
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MINUTE ORDER granting #24 Consent Motion to Stay. In light of plaintiffs' motion, it is hereby ORDERED that this case is STAYED. It is FURTHER ORDERED that the parties shall file a status report by June 1, 2022. Signed by Judge Amy Berman Jackson on 1/14/22. (DMK)
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| Filing 23 JOINT APPENDIX by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Smith, Robert) |
| Filing 22 REPLY to opposition to motion re #12 MOTION to Dismiss filed by XAVIER BECERRA. (Sverdlov, Alexander) |
| Filing 21 NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. Attorney Stephanie A. Webster terminated. (Webster, Stephanie) |
| Filing 20 NOTICE of Appearance by Robert Thomas Smith on behalf of All Plaintiffs (Smith, Robert) |
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MINUTE ORDER granting #19 defendants' unopposed motion for an extension of time. It is ORDERED that defendant shall file a reply in support of his motion to dismiss by August 10, 2021. Signed by Judge Amy Berman Jackson on 7/23/21. (DMK)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply by XAVIER BECERRA. (Attachments: #1 Text of Proposed Order)(Sverdlov, Alexander) |
| Filing 18 Memorandum in opposition to re #12 MOTION to Dismiss filed by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Attachments: #1 Declaration Declaration of Douglas Hoey, #2 Declaration Declaration of Ilisa Bernstein, #3 Text of Proposed Order)(Webster, Stephanie) |
| Filing 17 ADMINISTRATIVE RECORD ; notice of filing certified index to the administrative record by XAVIER BECERRA. (Attachments: #1 Certified index)(Sverdlov, Alexander) |
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MINUTE ORDER granting plaintiffs' motion to compel the production of the administrative record #13 . Upon consideration of plaintiffs' motion, the parties' arguments, and the record in this case, it is ORDERED that the motion to compel defendant to produce the administrative record is GRANTED. Defendant relies on select portions of the administrative record to support its position that plaintiffs do not have standing because the challenged regulatory definition did not cause the injury claimed by plaintiffs, as demonstrated by "[c]ontemporaneous materials that were presented to the agency during its rulemaking." Mem. in Support of Mot. to Dismiss [12-1] at 12. Accordingly, the Court finds it appropriate to exercise its "considerable latitude" to require the underlying administrative record to be made available to the parties for purposes of addressing its jurisdiction. See, e.g., Phoenix Consulting Inc. v. Republic of Angola, 216 F.3d 36, 40-41 (D.C. Cir. 2000); Prakash v. Am. Univ., 727 F.2d 1174, 1179-80 (D.C. Cir. 1984); see also Hohri v. United States, 782 F.2d 227, 241 (D.C. Cir. 1986), vacated on other grounds, 482 U.S. 64 (1987) (when considering a motion to dismiss for lack of jurisdiction, unlike when deciding a motion to dismiss under Rule 12(b)(6), the court "is not limited to the allegations of the complaint"). Defendant must file a certified list of the contents of the administrative record and provide the record to plaintiffs by July 6, 2021. Plaintiffs must file their opposition to the motion to dismiss by July 20, 2021, and defendant shall file any reply by July 27, 2021. Plaintiffs' response and the use of the record must be confined to the jurisdictional question presented in the motion to dismiss; the pleading should not address the merits of the case or the reasonableness of the agency's decision based on the record. The Court will set a schedule for summary judgment briefing of the merits, if necessary, after it rules on whether it has jurisdiction under Article III to consider them. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/7/21. (DMK)
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MINUTE ORDER denying #16 plaintiffs' motion to stay the deadline to respond to the motion to dismiss as moot in light of the minute order entered on this date. Signed by Judge Amy Berman Jackson on 6/7/21. (DMK)
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| Filing 16 Unopposed MOTION to Stay Pending Full Resolution of Plaintiffs' Motion for Scheduling Order by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Attachments: #1 Text of Proposed Order)(Webster, Stephanie) |
| Filing 15 REPLY to opposition to motion re #13 MOTION for Scheduling Order filed by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Webster, Stephanie) |
| Filing 14 RESPONSE re #13 MOTION for Scheduling Order filed by XAVIER BECERRA. (Attachments: #1 Text of Proposed Order)(Sverdlov, Alexander) |
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MINUTE ORDER. Plaintiff's motion #13 for Scheduling Order is GRANTED in part. Defendant must file any opposition to the filing of the administrative record by May 24, 2021. Plaintiff must file its response to the motion to dismiss by June 9, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/19/2021. (lcabj1)
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| Filing 13 MOTION for Scheduling Order by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC.. (Attachments: #1 Text of Proposed Order)(Webster, Stephanie) |
| Filing 12 MOTION to Dismiss by XAVIER BECERRA. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Sverdlov, Alexander) |
| Filing 11 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN PHARMACISTS ASSOCIATION, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., HI-SCHOOL PHARMACY SERVICES LLC, KARE INC., NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, TYSON DRUGS, INC. (Webster, Stephanie) |
| Filing 10 AMENDED COMPLAINT against XAVIER BECERRA filed by NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, AMERICAN PHARMACISTS ASSOCIATION, TYSON DRUGS, INC., HI-SCHOOL PHARMACY SERVICES LLC, COALITION OF STATE RHEUMATOLOGY ORGANIZATIONS, FRUTH INC., KARE INC..(Webster, Stephanie) |
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MINUTE ORDER granting #9 defendant's consent motion for an extension of time to respond to the complaint. It ORDERED that defendant shall respond to the complaint by May 14, 2021. Signed by Judge Amy Berman Jackson on 4/21/21. (DMK)
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| Filing 9 Consent MOTION for Extension of Time to File Answer by NORRIS COCHRAN. (Attachments: #1 Text of Proposed Order)(Sverdlov, Alexander) |
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MINUTE ORDER granting #8 defendant's unopposed motion for an extension of time to respond to the complaint. It ORDERED that defendant shall respond to the complaint by April 22, 2021. Signed by Judge Amy Berman Jackson on 3/19/21. (DMK)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer by NORRIS COCHRAN. (Attachments: #1 Text of Proposed Order)(Sverdlov, Alexander) |
| Filing 7 NOTICE of Appearance by Alexander V. Sverdlov on behalf of All Defendants (Sverdlov, Alexander) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 1/25/2021 (Webster, Stephanie) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/21/2021. (Webster, Stephanie) |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/23/2021. (Webster, Stephanie) |
| Filing 3 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL COMMUNITY PHARMACISTS ASSOCIATION (Webster, Stephanie) |
| Filing 1 COMPLAINT against ALEX M. AZAR, II ( Filing fee $ 402 receipt number ADCDC-8083816) filed by NATIONAL COMMUNITY PHARMACISTS ASSOCIATION. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Webster, Stephanie) |
| Case Assigned to Judge Amy Berman Jackson. (adh, ) |
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