Regional Home Health Care, Inc. v. United States Department of Health and Human Services, et al
| Regional Home Health Care, Inc. |
| Does 1-10, United States Department of Health and Human Services and NCI Information Systems, Inc |
| 3:2019cv00067 |
| September 18, 2019 |
| US District Court for the Southern District of Iowa |
| Celeste F Bremer |
| Stephanie M Rose |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2019. A more recent docket listing may be available from PACER.
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Filing 26
TEXT ORDER granting #25 Motion for Leave to Appear Pro Hac Vice Michael J. Khouri. Signed by Magistrate Judge Celeste F. Bremer on 10/24/2019. (kjw)
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| Filing 25 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-3956253 Fee paid in the amount of $100. by Regional Home Health Care, Inc.. (Merrill, Benjamin) |
| Filing 24 NOTICE of Appearance by Benjamin R. Merrill on behalf of Regional Home Health Care, Inc. (Merrill, Benjamin) |
| Filing 23 NOTICE of Appearance by David L.D. Faith on behalf of NCI Information Systems, Inc, United States Department of Health and Human Services (Faith, David) |
| Filing 22 NOTICE of Appearance by William C Purdy on behalf of NCI Information Systems, Inc, United States Department of Health and Human Services (Purdy, William) |
| Filing 21 Corporate Disclosure Packet Note: Counsel should download the attached corporate disclosure packet in compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for plaintiff 10/10/2019. Corporate Disclosure Statement deadline set for defendant, NCI Information Systems, Inc. 10/10/2019. (kjw) |
| Filing 20 CLERK'S NOTICE TO ATTORNEYS/PRO SE PARTY: Your case has been opened in the SDIA and assigned a new case number. Please review the attached document and forms for compliance with this Court's Local Rules. Rule 16 Notice of Dismissal set for 12/18/2019. (kjw) |
| Filing 19 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-03760. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 TRANSFERRED to the United States District Court for the Southern District of Iowa the electronic record. (bg, ) |
| Judge Stephanie M. Rose and Magistrate Judge Celeste F. Bremer added. (kjw) |
| Filing 17 MINUTE entry before the Honorable Mary M. Rowland: Parties' Joint Motion to Transfer Venue #16 is granted. In light of this order, Defendants' Motion to Dismiss for improper venue #13 is denied as moot. Status hearing set for 9/26/19 is stricken. The Court hereby transfers this case to the United States District Court for the Southern District of Iowa. The Clerk is directed to transfer this action forthwith. Civil case terminated. Mailed notice. (dm, ) |
| Filing 16 MOTION by Defendants Alex M. Azar, II, NCI Information Systems, Inc to change venue - Joint Motion by All Parties (Cooney, Nigel) |
| Filing 15 MINUTE entry before the Honorable Mary M. Rowland: Reassignment status hearing set for 9/26/19 at 9:30am in courtroom 1225. Parties are directed to review Judge Rowland's Standing Order on Cases Reassigned to Judge Mary M. Rowland, on the Court's website at https://www.ilnd.uscourts.gov/. On or before 9/19/19, counsel shall confer, prepare, and file a joint status report, not to exceed five pages. The report shall provide the information listed in the "Initial Status Report for Reassigned Case," a link to which is provided in the Standing Order on Cases Reassigned to Judge Mary M. Rowland. If a status report was previously ordered by the prior District Judge, parties may file the form of the status report previously ordered. The Court sets the following briefing schedule on Defendants' motion to dismiss or transfer on venue grounds #13 : Plaintiff's response is due 9/16/19; Defendants' reply due on or before 9/30/19. Mailed notice. (dm, ) |
| Filing 14 MEMORANDUM by Alex M. Azar, II, NCI Information Systems, Inc in support of motion to dismiss #13 for improper venue - Fed. R. Civ. P. 12(b)(3) (Attachments: #1 Exhibit A (Notice of Payment Suspension), #2 Exhibit B (Suspension termination notice), #3 Exhibit C (Notice of overpayment determination), #4 Exhibit D (Iowa Sec. State record for Regional), #5 Exhibit E (Virginia Corp. Commission Record for NCI, AdvanceMed), #6 Exhibit F (Rebuttal decision letter), #7 Exhibit G (Overpayment demand))(Cooney, Nigel) |
| Filing 13 MOTION by Defendants NCI Information Systems, Inc, Alex M. Azar, II to dismiss for improper venue - Fed. R. Civ. P. 12(b)(3) (Cooney, Nigel) |
| Filing 12 DESIGNATION of Nigel B Cooney as U.S. Attorney for Defendants Alex M. Azar, II, NCI Information Systems, Inc (Cooney, Nigel) |
| Filing 11 AFFIDAVIT of Service filed by Plaintiff Regional Home Health Care, Inc. regarding Summons, Complaint, Civil Cover Sheet, Notification of Docket Report, Notice of MIDP, MIDP Standing Order, MIDP Model Checklist served on Alex M. Azar, II on July 31, 2019 (Khouri, Michael) |
| Filing 10 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0024 Pursuant to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been randomly selected for reassignment to form the initial calendar of the Honorable Mary M. Rowland; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Mary M. Rowland; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Mary M. Rowland's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order shall not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Mary M. Rowland to the Court's criminal case assignment system thirty days from the entry of this Order, so that she shall receive a full share of such cases. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(rp, ) |
| Filing 9 AFFIDAVIT of Service filed by Plaintiff Regional Home Health Care, Inc. regarding Complaint, Summons, et al. served on Alex M. Azar, II on June 26, 2019 (Khouri, Michael) |
| Filing 8 AFFIDAVIT of Service filed by Plaintiff Regional Home Health Care, Inc. regarding Affidavit of Service served on NCI Information Systems, Inc. on 07/02/2019 (Khouri, Michael) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: Oral motion to reset status hearing and joint status report deadline is granted. Initial status hearing previously set for 7/18/2019 is reset for 9/10/2019 at 9:45 a.m. in Courtroom 1203. Joint status report shall be filed on or before 9/2/2019. Mailed notice (gel, ) |
| Filing 6 STATUS Report (Initial) by Regional Home Health Care, Inc. (Khouri, Michael) |
| SUMMONS Issued as to Defendant NCI Information Systems, Inc (rc, ) |
| SUMMONS Issued as to Alex M. Azar, II. (rc, ) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP Standing Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 7/18/2019 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 7/8/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (bg, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (yt) |
| Filing 3 ATTORNEY Appearance for Plaintiff Regional Home Health Care, Inc. by Michael J. Khouri (Khouri, Michael) |
| Filing 2 CIVIL Cover Sheet (Khouri, Michael) |
| Filing 1 COMPLAINT filed by Regional Home Health Care, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-15899790.(Khouri, Michael) |
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