COMMUNITY ONCOLOGY ALLIANCE, INC. v. BECERRA et al
| COMMUNITY ONCOLOGY ALLIANCE, INC. |
| XAVIER BECERRA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHIQUITA BROOKS-LASURE and CENTERS FOR MEDICARE & MEDICAID SERVICES |
| 1:2023cv02168 |
| July 26, 2023 |
| US District Court for the District of Columbia |
| Carl J Nichols |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Reply due by 9/20/2023. (zcam) |
ORDER granting #16 Motion for Extension of Time to File Response/Reply re #7 MOTION for Preliminary Injunction. Upon consideration of this motion, the Court grants Plaintiffs attorneys a one-week extension to file Plaintiffs Reply Brief which shall be filed on or before September 20, 2023. Signed by Judge Carl J. Nichols on 09/13/2023. (lccjn3)
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| Filing 17 REPLY to opposition to motion re #7 MOTION for Preliminary Injunction filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Silberberg, Jason) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Declaration Declaration for Jonathan E. Levitt, #2 Text of Proposed Order Proposed Order)(Levitt, Jonathan) |
| Filing 15 NOTICE of Appearance by Jason N. Silberberg on behalf of COMMUNITY ONCOLOGY ALLIANCE, INC. (Silberberg, Jason) |
| Filing 14 Joint STATUS REPORT 9-1-2023 by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Levitt, Jonathan) |
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MINUTE ORDER. The Court having considered Plaintiffs' #12 Motion for Leave to Appear Pro Hac Vice of Jason N. Silberberg, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Jason N. Silberberg is ADMITTED to practice before the Court 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 Carl J. Nichols on August 29, 2023. (lccjn3)
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| Filing 13 Memorandum in opposition to re #7 Motion for Preliminary Injunction, filed by XAVIER BECERRA, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason N. Silberberg, Filing fee $ 100, receipt number ADCDC-10300445. Fee Status: Fee Paid. by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Declaration Corrected Declaration for Jason N Silberberg, #2 Text of Proposed Order Proposed Order)(Levitt, Jonathan) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason N. Silberberg, Fee Status: No Fee Paid. by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Declaration for Jason N Silberberg, #2 Proposed Order)(Levitt, Jonathan) |
| Filing 10 NOTICE of Appearance by Matthew J. Modafferi on behalf of COMMUNITY ONCOLOGY ALLIANCE, INC. (Modafferi, Matthew) |
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Filing 9
STANDING ORDER. Signed by Judge Carl J. Nichols on August 10, 2023. (lccjn3)
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MINUTE ORDER. Upon consideration of #4 Motion for Leave to Appear Pro Hac Vice of Jason N. Silberberg, it is hereby ORDERED that the Motion is DENIED for failure to include a certificate of good standing. See LCvR 83.2. Signed by Judge Carl J. Nichols on August 10, 2023. (lccjn3)
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MINUTE ORDER. Upon consideration of #8 Joint Status Report, it is hereby ORDERED that Defendants' opposition shall be filed on or before August 25, 2023; Plaintiff's reply, if any, shall be filed on or before September 11, 2023; and another joint status report as to whether a hearing or oral argument will be required shall be filed on or before September 1, 2023. Signed by Judge Carl J. Nichols on August 10, 2023. (lccjn3)
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MINUTE ORDER. Upon consideration of #3 Motion for Leave to Appear Pro Hac Vice of Matthew J. Modafferi, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. 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 Carl J. Nichols on August 10, 2023. (lccjn3) Modified on 8/11/2023 to correct typo (zcam).
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| Filing 8 Joint STATUS REPORT by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Levitt, Jonathan) |
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MINUTE ORDER. In light of Plaintiff's #7 Motion for Preliminary Injunction, it is ORDERED that on or before August 7, 2023, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for Plaintiff's #7 Motion; (2) a statement addressing whether a hearing on Plaintiff's #7 Motion is necessary, and if so, a proposed date and time for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between affiants. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. It is further ORDERED that Plaintiff shall provide a copy of this Minute Order to Defendants. Signed by Judge Carl J. Nichols on August 3, 2023. (lccjn3)
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| Filing 7 MOTION for Preliminary Injunction by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M)(Levitt, Jonathan) |
| Filing 6 NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) |
| Filing 5 SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsl) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason N. Silberberg, Fee Status: No Fee Paid. by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Declaration Declaration of Jason N Silberberg, #2 Text of Proposed Order Order granting Motion for Attorney Admission)(Levitt, Jonathan) |
| Case Assigned to Judge Carl J. Nichols. (zsl) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew J. Modafferi, Filing fee $ 100, receipt number ADCDC-10239116. Fee Status: Fee Paid. by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Proposed Order re Pro Hac Vice Motion, #3 Certificate of Good Standing)(Levitt, Jonathan) Modified event on 8/1/2023 (znmw). |
| Filing 2 ERRATA Complaint including addresses of parties in the caption by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Levitt, Jonathan) |
| NOTICE OF ERROR re #1 Complaint; emailed to jlevitt@frierlevitt.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. (zsl, ) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-10232554) filed by COMMUNITY ONCOLOGY ALLIANCE, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Civil Cover Sheet, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Summons)(Levitt, Jonathan) |
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