RICU LLC v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
Plaintiff: RICU LLC
Defendant: ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORRIS W. COCHRAN, IV and CENTERS FOR MEDICARE & MEDICAID SERVICES
Case Number: 1:2021cv00452
Filed: February 22, 2021
Court: US District Court for the District of Columbia
Presiding Judge: Christopher R Cooper
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 0706
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Opinion or Order Filing 32 TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on May 17, 2021; Page Numbers: 1-54. Date of Issuance:September 16, 2021. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from th e court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/7/2021. Redacted Transcript Deadline set for 10/17/2021. Release of Transcript Restriction set for 12/15/2021.(Moreira, Lisa)
August 27, 2021 Opinion or Order USCA Case Number 21-5186 for #30 Notice of Appeal to DC Circuit Court, filed by RICU LLC. (ztd)
August 27, 2021 Opinion or Order Filing 31 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #30 Notice of Appeal to DC Circuit Court. (znmw)
August 27, 2021 Opinion or Order Filing 30 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #29 Memorandum & Opinion, #28 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss by RICU LLC. Filing fee $ 505, receipt number ADCDC-8695856. Fee Status: Fee Paid. Parties have been notified. (Panuccio, Jesse)
August 20, 2021 Opinion or Order Filing 29 MEMORANDUM OPINION re #28 ORDER denying #3 Motion for Preliminary Injunction and granting #20 Motion to Dismiss. Signed by Judge Christopher R. Cooper on 8/20/2021. (lccrc1)
August 20, 2021 Opinion or Order Filing 28 ORDER denying #3 Motion for Preliminary Injunction and granting #20 Motion to Dismiss. Signed by Judge Christopher R. Cooper on 8/20/2021. (lccrc1)
August 6, 2021 Opinion or Order Filing 27 NOTICE OF SUPPLEMENTAL AUTHORITY by RICU LLC (Attachments: #1 Exhibit)(Panuccio, Jesse)
June 3, 2021 Opinion or Order Filing 26 NOTICE OF WITHDRAWAL OF APPEARANCE as to RICU LLC. Attorney Harold William Bloom, III terminated. (Bloom, Harold)
May 17, 2021 Opinion or Order Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 5/17/2021. Oral arguments submitted on Plaintiff's Motion #3 for Preliminary Injunction and Defendant's Motion #20 to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Motions taken under advisement; forthcoming Order. (Court Reporter: Lisa Moreira) (lsj)
May 7, 2021 Opinion or Order MINUTE ORDER: The parties shall appear before Judge Christopher R. Cooper for a hearing on the #3 Motion for Preliminary Injunction and #20 Motion to Dismiss on May 17, 2021, at 10:00 AM by VTC. Instructions for videoconference access will be communicated separately. Signed by Judge Christopher R. Cooper on 5/7/2021. (lccrc1)
April 27, 2021 Opinion or Order Filing 25 REPLY to opposition to motion re #20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by CENTERS FOR MEDICARE & MEDICAID SERVICES, NORRIS W. COCHRAN, IV, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dodge, Christopher)
April 13, 2021 Opinion or Order Filing 24 REPLY to opposition to motion re #3 MOTION for Preliminary Injunction filed by RICU LLC. (Panuccio, Jesse)
April 13, 2021 Opinion or Order Filing 23 RESPONSE re #20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by RICU LLC. (Panuccio, Jesse)
March 25, 2021 Opinion or Order Filing 22 NOTICE OF WITHDRAWAL OF APPEARANCE as to RICU LLC. Attorney Paul A. Hoversten terminated. (Hoversten, Paul)
March 23, 2021 Opinion or Order Filing 21 Memorandum in opposition to re #3 MOTION for Preliminary Injunction filed by CENTERS FOR MEDICARE & MEDICAID SERVICES, NORRIS W. COCHRAN, IV, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order, #2 Declaration of Christopher D. Dodge, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Dodge, Christopher)
March 23, 2021 Opinion or Order Filing 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by CENTERS FOR MEDICARE & MEDICAID SERVICES, NORRIS W. COCHRAN, IV, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order, #2 Declaration of Christopher D. Dodge, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Dodge, Christopher)
March 15, 2021 Opinion or Order Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 3/12/2021; NORRIS W. COCHRAN, IV served on 3/5/2021; ELIZABETH RICHTER served on 3/12/2021; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/8/2021 (Hoversten, Paul)
March 15, 2021 Opinion or Order Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/08/2021. (Hoversten, Paul)
March 15, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Harold William Bloom, III on behalf of RICU LLC (Bloom, Harold)
March 5, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 3/23/2021 and Replies due by 4/13/2021. (lsj)
March 5, 2021 Opinion or Order MINUTE ORDER granting #12 Motion for Extension of Time to File Response/Reply: It is hereby ORDERED that Defendants shall file their combined opposition to Plaintiff's motion for a preliminary injunction and motion to dismiss by no later than March 23, 2021. It is further ORDERED that Plaintiff shall file any reply to Defendants' opposition, in combination with their opposition to Defendants' motion, by no later than April 13, 2021. It is further ORDERED that Defendants shall file a reply to Plaintiff's opposition within 14 days after the filing of Plaintiff's opposition. SO ORDERED. Signed by Judge Christopher R. Cooper on 3/5/2021. (lccrc1)
March 5, 2021 Opinion or Order MINUTE ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. 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 Christopher R. Cooper on 3/5/2021. (lccrc1)
March 4, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Jesse Panuccio on behalf of RICU LLC (Panuccio, Jesse)
March 4, 2021 Opinion or Order Filing 15 NOTICE OF WITHDRAWAL OF MOTION by RICU LLC re #6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jesse Panuccio, Filing fee $ 100, receipt number ADCDC-8234819. Fee Status: Fee Paid. (Hoversten, Paul)
March 4, 2021 Opinion or Order Filing 14 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Hoversten, Paul)
March 4, 2021 Opinion or Order Filing 13 RESPONSE re #12 MOTION for Extension of Time to File Response/Reply and to Set a Briefing Scheduling filed by RICU LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hoversten, Paul)
March 3, 2021 Opinion or Order Filing 12 MOTION for Extension of Time to File Response/Reply and to Set a Briefing Scheduling by CENTERS FOR MEDICARE & MEDICAID SERVICES, NORRIS W. COCHRAN, IV, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order, #2 Declaration of Christopher D. Dodge, #3 Exhibit)(Dodge, Christopher)
March 3, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Christopher D. Dodge on behalf of All Defendants (Dodge, Christopher)
March 3, 2021 Opinion or Order NOTICE OF ERROR re #10 Summons Returned Executed as to US Attorney; emailed to phoversten@bsfllp.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Incorrect party selected. Service is to US Department of Health. (ztd, )
March 2, 2021 Opinion or Order Filing 10 ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Hoversten, Paul) Modified on 3/3/2021 (ztd).
February 24, 2021 Opinion or Order Filing 9 SUMMONS (4) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, NORRIS W. COCHRAN, IV, ELIZABETH RICHTER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachment: #1 Notice and Consent)(adh, ) .
February 24, 2021 Opinion or Order Case Assigned to Judge Christopher R. Cooper. (adh, )
February 23, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Scott E. Gant on behalf of RICU LLC (Gant, Scott)
February 23, 2021 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harold William Bloom, Filing fee $ 100, receipt number ADCDC-8234825. Fee Status: Fee Paid. by RICU LLC. (Attachments: #1 Declaration of Harold William Bloom, #2 Text of Proposed Order)(Hoversten, Paul)
February 23, 2021 Opinion or Order Filing 6 WITHDRAWN PURSUANT TO DOCKET ENTRY NO. #15 . . . . . MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jesse Panuccio, Filing fee $ 100, receipt number ADCDC-8234819. Fee Status: Fee Paid. by RICU LLC. (Attachments: #1 Declaration of Jesse Panuccio, #2 Text of Proposed Order)(Hoversten, Paul) Modified on 3/4/2021 (ztd).
February 23, 2021 Opinion or Order Filing 5 NOTICE of Appearance by Paul A. Hoversten on behalf of RICU LLC (Hoversten, Paul)
February 23, 2021 Opinion or Order Filing 4 ERRATA by RICU LLC. (Attachments: #1 Errata with Corrected Caption)(Hoversten, Paul)
February 23, 2021 Opinion or Order NOTICE OF ERROR re #1 Complaint; emailed to phoversten@bsfllp.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, )
February 22, 2021 Opinion or Order Filing 3 MOTION for Preliminary Injunction by RICU LLC. (Attachments: #1 Memorandum in Support of Preliminary Injunction, #2 Declaration of Seth Rabinowitz, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Declaration of Paul Hoversten, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Text of Proposed Order)(Hoversten, Paul)
February 22, 2021 Opinion or Order Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by RICU LLC (Hoversten, Paul)
February 22, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8226245) filed by RICU LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Summons)(Hoversten, Paul)

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Defendant: ELIZABETH RICHTER
Represented By: Christopher D. Dodge
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Christopher D. Dodge
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Defendant: NORRIS W. COCHRAN, IV
Represented By: Christopher D. Dodge
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Defendant: CENTERS FOR MEDICARE & MEDICAID SERVICES
Represented By: Christopher D. Dodge
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Plaintiff: RICU LLC
Represented By: Paul A. Hoversten
Represented By: Jesse Panuccio
Represented By: Scott E. Gant
Represented By: Harold William Bloom, III
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