Insight Chicago, Inc. v. Becerra et al
| Insight Chicago, Inc. doing business as Insight Hospital doing business as Medical Center Chicago |
| Xavier Becerra and Carole Johnson |
| 1:2023cv14328 |
| September 29, 2023 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 2005 Review of Agency Action-HHS |
| None |
Docket Report
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| Filing 23 MINUTE entry before the Honorable Andrea R. Wood: The parties having filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) #22 , this case is dismissed with prejudice and with each party to bear its own attorneys' fees and costs. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (lma, ) |
| Filing 22 STIPULATION of Dismissal (With Prejudice) (Oh, James) |
| Filing 24 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/27/2023. In light of the parties' report that they have reached an agreement in principle to resolve the matter, and absent any further action by the Court, the Temporary Restraining Order #15 will expire on its own terms by 11/6/2023. Telephonic status hearing set for 11/28/2023 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: The parties' agreed motion to postpone briefing schedules #20 is granted. As the parties have reported that they are engaged in settlement discussions and desire to postpone briefing the preliminary injunction motion and motion to dismiss while they pursue those discussions, the briefing schedule set on 10/6/2023 #16 is stricken. Telephonic status hearing set for 10/27/2023 remains firm. Mailed notice (lma, ) |
| Filing 20 MOTION by Defendants Xavier Becerra, Carole Johnson to stay regarding in court hearing,,,,,,, set deadlines/hearings,,,,,,, set motion and R&R deadlines/hearings,,,,,, #16 (Rosen, Jordan) |
| Filing 19 TRANSCRIPT OF PROCEEDINGS held on October 6, 2023 before the Honorable Andrea R. Wood. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/31/2023. Redacted Transcript Deadline set for 11/10/2023. Release of Transcript Restriction set for 1/8/2024. (Tannehill, Brenda) |
| Filing 18 TRANSCRIPT OF PROCEEDINGS held on October 5, 2023 before the Honorable Andrea R. Wood. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/31/2023. Redacted Transcript Deadline set for 11/10/2023. Release of Transcript Restriction set for 1/8/2024. (Tannehill, Brenda) |
| Filing 17 DESIGNATION of Jordan Alexander Rosen as U.S. Attorney for Defendants Xavier Becerra, Carole Johnson (Rosen, Jordan) |
| Filing 16 MINUTE entry before the Honorable Andrea R. Wood: In-Court status hearing held on 10/6/2023. Consistent with the Court's oral ruling, Plaintiff's emergency motion for mandamus or, in the alternative, injunctive and declaratory relief #4 , which is construed as a motion for entry of a temporary restraining order, is granted. The Temporary Restraining Order is entered effective 5:00 p.m. on 10/6/2023 and shall expire on 11/6/2023 or until such other time as may be ordered by the Court. Enter Temporary Restraining Order. Plaintiff shall file their anticipated motion for entry of a preliminary injunction by 10/13/2023. Defendants shall file their response by 10/20/2023. Plaintiff shall file their reply by 10/25/2023. Furthermore, Defendants' anticipated motion to dismiss Plaintiff's complaint shall be filed by 10/13/2023. Plaintiff shall file a response by 10/20/2023. Defendants shall file a reply by 10/25/2023. Telephonic status hearing set for 10/27/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 15 TEMPORARY RESTRAINING ORDER signed by the Honorable Andrea R. Wood on 10/6/2023.Mailed notice (aw,) |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Oral argument held on 10/5/2023. The Court heard testimony and evidence regarding Plaintiff's emergency motion for mandamus or, in the alternative, injunctive and declaratory relief #4 . As stated on the record, Plaintiff's emergency motion for mandamus or, in the alternative, injunctive and declaratory relief #4 is taken under advisement. In-Court status hearing set for 10/6/2023 at 3:00 PM. Mailed notice (lma, ) |
| Filing 13 RESPONSE by Xavier Becerra, Carole Johnsonin Opposition to MOTION by Plaintiff Insight Chicago, Inc. for writ of mandamus (Emergency Motion for Mandamus or, in the Alternative, Injunctive and Declaratory Relief) #4 (Attachments: #1 Exhibit A)(Rosen, Jordan) |
| Filing 12 MINUTE entry before the Honorable Andrea R. Wood: Motion to appear pro hac vice #9 is granted. Mailed notice (lma, ) |
| Filing 11 TRANSCRIPT OF PROCEEDINGS held on October 2, 2023 before the Honorable Andrea R. Wood. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/24/2023. Redacted Transcript Deadline set for 11/3/2023. Release of Transcript Restriction set for 1/1/2024. (Tannehill, Brenda) |
Filing 10
ORDER: In-Court emergency motion hearing held on 10/2/2023. For the reasons stated on the record, Plaintiff's emergency motion for mandamus or, in the alternative, injunctive and declaratory relief #4 is entered and continued. Defendants shall file a response to the motion by 10/4/2023. Oral argument set for 10/5/2023 at 2:00 PM in courtroom 2141. For the reasons stated on the record, the Court deems it appropriate to maintain the status quo in place at the time Plaintiff filed its motion at approximately 5:00 p.m. on Friday, 9/29/2023, for such time as necessary for Defendants to file their response and for the Court to hear argument. Accordingly, Plaintiff Insight Chicago shall maintain its position as a participant in good standing in the Section 340B program and shall be treated as such by Defendants until this Order expires at 11:59 p.m. on 10/6/2023 or until such other time as may be ordered by the Court. Signed by the Honorable Andrea R. Wood on 10/2/2023. Mailed notice (lma, )
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21171644. (Wanerman, Robert) |
| Filing 8 MINUTE entry before the Honorable Andrea R. Wood: Motion to appear pro hac vice #7 is granted. Mailed notice (lma, ) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21171105. (Breen, George) |
| SUMMONS Issued as to Xavier Becerra, Carole Johnson, U.S. Attorney, and U.S. Attorney General (axk, ) |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's emergency motion for mandamus or, in the alternative, injunctive and declaratory relief #4 is set for an in-person motion hearing on 10/2/2023 at 11:00 AM in courtroom 2141. If Defendants' counsel is unable to attend in-person, they must contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the hearing remotely. Plaintiff is directed to provide actual notice of the hearing and a copy of this order to the Defendants immediately. Mailed notice (lma, ) |
| Filing 5 MEMORANDUM by Insight Chicago, Inc. in support of motion for writ of mandamus #4 (Attachments: #1 Exhibit A - Declaration of David Hughes, #2 Exhibit B - Declaration of Atif Bawahab, #3 Exhibit C - Declaration of Jawad Shah)(Oh, James) |
| Filing 4 MOTION by Plaintiff Insight Chicago, Inc. for writ of mandamus (Emergency Motion for Mandamus or, in the Alternative, Injunctive and Declaratory Relief) (Oh, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff Insight Chicago, Inc. d/b/a Insight Hospital and Medical Center Chicago by James J. Oh (Oh, James) |
| Filing 2 CIVIL Cover Sheet (Oh, James) |
| Filing 1 COMPLAINT filed by Insight Chicago, Inc. d/b/a Insight Hospital and Medical Center Chicago; Filing fee $ 402, receipt number AILNDC-21167639.(Oh, James) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (axa, ) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (axa, ) |
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