FEDERAL TRADE COMMISSION v. LOUISIANA CHILDRENS MEDICAL CENTER et al
| FEDERAL TRADE COMMISSION |
| HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER and HCA HEALTHCARE, INC. |
| 1:2023cv01103 |
| April 20, 2023 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Anti-Trust |
| 15 U.S.C. § 53 b Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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| Receipt on 06/05/2023 of Electronic Transfer. Other Court Number 2:23-cv-01890 sent by Eastern District of Louisiana. (zjm) |
| Filing 32 Case transferred to the USDC for the Eastern District of Louisiana pursuant to #31 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Transfer Case, Sent to Court via extraction. (znmw) |
Filing 31
MEMORANDUM OPINION & ORDER denying as moot #19 motion to dismiss or, in the alternative, to transfer for lack of personal jurisdiction and #20 granting motion to transfer case pursuant to 28 U.S.C. 1404(a). It is ORDERED that pursuant to 28 U.S.C. 1404(a), this case is TRANSFERRED to the United States District Court for the Eastern District of Louisiana. See Memorandum Opinion & Order for details. Signed by Judge Amy Berman Jackson on 5/23/23. (DMK)
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| Filing 30 NOTICE of Appearance by Kenneth Field on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Field, Kenneth) |
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MINUTE ORDER granting #29 Motion for Leave of Kenneth W. Field 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. Signed by Judge Amy Berman Jackson on 5/2/23. (DMK)
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Warren Field, Filing fee $ 100, receipt number ADCDC-10035121. Fee Status: Fee Paid. by LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Kenneth W. Field, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Holt, Benjamin) |
| Filing 28 REPLY to opposition to motion re #3 by FEDERAL TRADE COMMISSION. (Seidman, Mark); Modified text, added docketing event, and added docket entry relationship on 4/28/2023 (ztth). |
| Filing 27 REPLY to opposition to motion re #19 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer for Want of Jurisdiction MOTION to Transfer Case filed by LOUISIANA CHILDRENS MEDICAL CENTER. (Holt, Benjamin) |
| Filing 26 REPLY to opposition to motion re #20 MOTION to Transfer Case filed by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Razi, Sara) |
| Filing 25 Memorandum in opposition to re #20 Motion to Transfer Case, filed by FEDERAL TRADE COMMISSION. (Attachments: #1 Exhibit A, #2 Exhibit B)(Perlman, Neal) |
| Filing 24 Memorandum in opposition to re #19 Motion to Dismiss/Lack of Jurisdiction,, Motion to Transfer Case, filed by FEDERAL TRADE COMMISSION. (Perlman, Neal) |
| Filing 23 Memorandum in opposition to re #3 Motion for Injunction Opposition to Petition for Injunctive Relief filed by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Robert N. Stander, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Stander, Robert) Modified event title and link on 4/27/2023 (znmw). |
| Filing 22 NOTICE of Appearance by Stephen W. Rodger on behalf of FEDERAL TRADE COMMISSION (Rodger, Stephen) |
| Filing 21 NOTICE of Appearance by Adam Pergament on behalf of FEDERAL TRADE COMMISSION (Pergament, Adam) |
| Filing 20 MOTION to Transfer Case by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Memorandum in Support of Motion to Transfer Venue, #2 Declaration of Kathryn Hays Sasser, Esq. in Support of Motion to Transfer Venue, #3 Declaration of Sara Y. Razi in Support of Motion to Transfer Venue, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Text of Proposed Order)(Razi, Sara) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer for Want of Jurisdiction by LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Jody B. Martin, #2 Text of Proposed Order)(Holt, Benjamin). Added MOTION to Transfer Case on 4/25/2023 (znmw). |
| Filing 18 NOTICE of Appearance by Mark Seidman on behalf of FEDERAL TRADE COMMISSION (Seidman, Mark) |
| Filing 17 WAIVER OF SERVICE. HOSPITAL CORPORATION OF AMERICA waiver sent on 4/21/2023, answer due 6/20/2023. (Perlman, Neal) |
| Filing 16 WAIVER OF SERVICE. LOUISIANA CHILDRENS MEDICAL CENTER waiver sent on 4/21/2023, answer due 6/20/2023. (Perlman, Neal) |
| Filing 15 NOTICE of Appearance by Robert Nolan Stander on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Stander, Robert) |
| Filing 14 NOTICE of Appearance by James Harris Weingarten on behalf of FEDERAL TRADE COMMISSION (Weingarten, James) |
| Filing 13 TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on April 20, 2023; Page Numbers: 1-27. Date of Issuance: April 22, 2023. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 the 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 5/13/2023. Redacted Transcript Deadline set for 5/23/2023. Release of Transcript Restriction set for 7/21/2023.(Dickman, Janice) |
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Filing 12
ORDER on the parties' stipulation #9 and denying as moot plaintiff's motion for a temporary restraining order #2 . See Order for details. Signed by Judge Amy Berman Jackson on 4/21/23. (DMK) (Main Document 12 replaced on 4/21/2023 to add the signature of the Judge.) (jth).
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| Filing 11 NOTICE of Appearance by Sean Marotta on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Marotta, Sean) |
| Filing 10 NOTICE of Appearance by Christopher Fitzpatrick on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Fitzpatrick, Christopher) |
| Filing 9 STIPULATION re #2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause and Preliminary Injunction by LOUISIANA CHILDRENS MEDICAL CENTER. (Holt, Benjamin) |
| Filing 8 SUMMONS (2) Issued Electronically as to HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Notice and Consent)(zcb) |
| Set/Reset Deadlines: Defendants' motion to transfer is due Monday, 4/24/2023 the FTC's response is due by 12:00 noon Wednesday, 4/26/2023 and any reply is due by 12:00 noon Friday, 4/28/2023. Defendants' Memorandum on the legal issue of the effect of the state approval of the merger on the FTC's authority to conduct a HRS investigation is due by 12:00 noon Wednesday, 4/26/2023, and the FTC's reply is due by 12:00 noon Friday, 4/28/2023. The parties will file by 12:00 noon, Friday, April 21, 2023 either (1) a joint proposed order that would freeze significant steps toward further integration while the Court considers the issues before it or (2) advise that the parties have been unable to reach agreement on a proposed order. (jth) |
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MINUTE ORDER denying as moot #3 plaintiff's Motion for Injunction in light of plaintiff's Amended Motion for Injunction #6 . SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/23. (DMK)
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| Filing 7 CERTIFICATE OF SERVICE by Federal Trade Commission re #2 MOTION for Order Temporary Restraining Order, #4 Memorandum, #6 Amended MOTION for Order for Injunctive Relief, #5 Declaration, #3 MOTION for Order for Injunctive Relief, #1 Complaint, . (Perlman, Neal) |
| Filing 6 Amended MOTION for Injunction by Federal Trade Commission. (Attachments: #1 Text of Proposed Order [Proposed] Order for Injunctive Relief)(Perlman, Neal) |
| Filing 5 DECLARATION of Maribeth Petrizzi by Federal Trade Commission re #1 Complaint, filed by Federal Trade Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Perlman, Neal) |
| Filing 4 MEMORANDUM re #2 MOTION for Order to Show Cause and for Temporary Restraining Order filed by Federal Trade Commission, #3 MOTION for Order for Injunctive Relief filed by Federal Trade Commission by Federal Trade Commission. (Perlman, Neal) |
| Filing 3 MOTION for Injunction by Federal Trade Commission. (Attachments: #1 Text of Proposed Order [Proposed] Order for Injunctive Relief)(Perlman, Neal) |
| Filing 2 MOTION for Temporary Restraining Order by Federal Trade Commission. (Attachments: #1 Declaration Certificate of Counsel Pursuant to Local Rule 65.1, #2 Text of Proposed Order [Proposed] Order to Show Cause, #3 Text of Proposed Order [Proposed] Temporary Restraining Order)(Perlman, Neal). Added MOTION for Order to Show Cause on 4/21/2023 (znmw). |
| Filing 1 COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Summons Summons to Louisiana Children's Medical Center, #4 Summons Summons to HCA Healthcare, Inc.)(Perlman, Neal) (Attachment 1 replaced on 4/20/2023) (zcb). |
| Case Assigned to Judge Amy Berman Jackson. (zcb) |
| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephonic Scheduling Conference Call held on 4/20/2023. Scheduling Order to be issued by the Court. (Court Reporter: Janice Dickman). (zjth) |
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MINUTE ORDER. Pursuant to the telephone scheduling call held on this date, it is ORDERED that defendants' motion to transfer is due Monday, April 24, the FTC's response is due by 12:00 noon Wednesday, April 26, and any reply is due by 12:00 noon Friday, April 28. It is FURTHER ORDERED that defendants' memorandum on the legal issue of the effect of the state approval of the merger on the FTC's authority to conduct a HRS investigation is due by 12:00 noon Wednesday, April 26, and the FTC's reply is due by 12:00 noon Friday, April 28. Finally, it is FURTHER ORDERED that the parties will file by 12:00 noon, Friday, April 21, 2023 either (1) a joint proposed order that would freeze significant steps toward further integration while the Court considers the issues before it or (2) advise that the parties have been unable to reach agreement on a proposed order. Signed by Judge Amy Berman Jackson on 4/20/23. (DMK)
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