Adventist Health System/SunBelt, Inc. et al v. United States Department of Health and Human Services et al
| University of Iowa, Medical University Hospital Authority, University of Kansas Hospital Authority, Alexander Berrios, Jr., University of Kentucky, Adventist Health System/SunBelt, Inc. d/b/a AdventHealth Orlando, Board of Trustees of the University of Alabama and Adventist Health System/SunBelt, Inc. doing business as AdventHealth Orlando |
| United Network for Organ Sharing, Thomas J. Engels, The University of Alabama Hospital, Alex M. Azar II, United States Department of Health and Human Services and Health Resources and Services Administration |
| 3:2020cv00101 |
| December 9, 2020 |
| US District Court for the Southern District of Iowa |
| Stephen B Jackson |
| Stephanie M Rose |
| Charles R Wolle |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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| Filing 47 TRANSCRIPT of Proceedings re #46 Status Conference held on January 14, 2021 before Judge Stephanie M. Rose. Court Reporter: Kelli Mulcahy, Telephone Number: (515)284-6219. Page No(s).: 1 - 14. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 2/22/2021. Redacted Transcript Deadline set for 3/4/2021. Release of Transcript Restriction set for 5/3/2021. (kmm) |
| Set/Reset Hearings: Telephonic Status Conference set for 2/9/2021 09:00 AM. Counsel shall call 1-888-808-6929 and enter code 2486346. The hearing will be held before Judge Stephanie M. Rose. (NDC) |
| Filing 46 Minute Entry for proceedings held before Judge Stephanie M. Rose: Telephonic Status Conference held on 1/14/2021. (Court Reporter Kelli Mulcahy.) (kmc) |
Filing 45
TEXT ORDER granting #43 Motion for Status Conference. A telephonic hearing will be held January 14, 2021 at 10:30 a.m. Central Standard Time. Counsel shall call 1-888-808-6929 and enter code 2486346. Signed by Judge Stephanie M. Rose on 1/11/2021. (NDC)
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| Set Hearing: Telephonic Status Conference set for 1/14/2021 at 10:30 AM (SMR). Counsel shall call 1-888-808-6929 and enter code 2486346. The hearing will be held before Judge Stephanie M. Rose. (NDC) |
| Filing 44 TRANSCRIPT of Proceedings re #41 Motion Hearing held on December 14, 2020 before Judge Stephanie M. Rose. Court Reporter: Kelli Mulcahy, Telephone Number: (515)284-6219. Page No(s).: 1 - 12. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 2/1/2021. Redacted Transcript Deadline set for 2/11/2021. Release of Transcript Restriction set for 4/12/2021. (kmm) |
| Filing 43 MOTION Motion to Schedule Status and Scheduling Conference (Partially Unopposed) by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/19/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(Locher, Stephen) |
| Filing 42 Corporate Disclosure/Statement of Interest by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Locher, Stephen) |
| Filing 41 Minute Entry for proceedings held before Judge Stephanie M. Rose: Motion Hearing held on 12/14/2020 re #3 Emergency MOTION for Temporary Restraining Order. (Court Reporter Kelli Mulcahy.) (kmc) |
| Filing 40 Letter from Department of Health & Human Services Administrator Dated December 14, 2020. (kmc) |
| Filing 39 REPLY re #3 Emergency MOTION for Temporary Restraining Order filed by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (kmc) |
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Filing 38
TEXT ORDER: Persons interested in listening to the hearing set for 3:45 PM on December 14, 2020 should call 1-888-808-6929 and enter code 2486346. Signed by Judge Stephanie M. Rose on 12/14/2020. (NDC)
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Filing 37
TEXT ORDER granting #24 Motion for Leave to Appear Pro Hac Vice Thomas G. Weber. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/14/2020. (slg)
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Filing 36
TEXT ORDER granting #21 Motion for Leave to Appear Pro Hac Vice Daniel D. Rubinstein; granting #22 Motion for Leave to Appear Pro Hac Vice Linda T. Coberly; granting #23 Motion for Leave to Appear Pro Hac Vice Melanie L. Lee; granting #25 Motion for Leave to Appear Pro Hac Vice Glenn L. Krinsky. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/14/2020. (slg)
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Filing 35
TEXT ORDER: Because the Court has consented to the parties' joint request to hold the hearing on #3 Plaintiffs' Motion for Temporary Restraining Order virtually, it is re-scheduled for 3:45 p.m. to accommodate technological set-up following the Court's preceding hearings. Further instructions for the hearing regarding the videoconference link and call-in number will follow shortly. Signed by Judge Stephanie M. Rose on 12/14/2020. (NDC)
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Filing 34
TEXT ORDER granting #33 Motion to file overlength brief. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the materials attached to the motion. Signed by Judge Stephanie M. Rose on 12/13/2020. (NDC) Modified on 12/17/2020 corrected text and date (kjw).
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| Filing 33 Unresisted MOTION to file overlength brief Reply Brief in Support of Motion for TRO by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/28/2020. (Attachments: #1 Exhibit A (Reply Brief), #2 Exhibit 1, #3 Exhibit 2)(Locher, Stephen) |
| Filing 32 RESPONSE to Motion re #3 Emergency MOTION for Temporary Restraining Order filed by United Network for Organ Sharing. Replies due by 12/21/2020. (Attachments: #1 Declaration of Elizabeth Carter, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13) (kmc) |
| Filing 31 RESPONSE to Motion re #3 Emergency MOTION for Temporary Restraining Order filed by Alex M. Azar, II, Thomas J. Engels, Health Resources and Services Administration, United States Department of Health and Human Services. Replies due by 12/21/2020. (Attachments: #1 Declaration of Robert Walsh, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (kmc) |
| Filing 30 BRIEF by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky in Support of re #3 Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Ex A, #2 Ex 1-11 to Ex. A, #3 Ex 24-31 to Ex. A, #4 Ex 32 to Ex. A, #5 Ex 33-45 to Ex. A, #6 Ex 46-50 to Ex. A, #7 Ex 13, #8 Ex 16 (pp 1-61), #9 Ex 16 (pp 62-123), #10 Ex 16 (pp 124-182), #11 Ex 17-23, #12 Ex 12, #13 Ex 12 (pp 100-199), #14 Ex 12 (pp 200-299), #15 Ex 12 (pp 300-390)) (kmc) |
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Filing 29
TEXT ORDER granting #27 the Unopposed Motion for Leave to File Overlength Brief in Resistance to Plaintiffs' Motion for Temporary Restraining Order filed by United Network for Organ Sharing. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/13/2020. (sbj)
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Filing 28
TEXT ORDER granting #26 the Unopposed Motion for Leave to File Overlength Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order filed by Alex M. Azar, II, Thomas J. Engels, Health Resources and Services Administration and the United States Department of Health and Human Services. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/13/2020. (sbj).
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| Filing 27 Unresisted MOTION to file overlength brief in Resistance to Plaintiffs' Motion for Temporary Restraining Order by United Network for Organ Sharing.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/28/2020. (Attachments: #1 Brief in Support Resistance to Plaintiffs' Motion for Temporary Restraining Order, #2 Affidavit Declaration of Elizabeth Carter, #3 Exhibit Exhibit 1 to Declaration of Elizabeth Carter, #4 Exhibit Exhibit 2 to Declaration of Elizabeth Carter, #5 Exhibit Exhibit 3 to Declaration of Elizabeth Carter, #6 Exhibit Exhibit 4 to Declaration of Elizabeth Carter, #7 Exhibit Exhibit 5 to Declaration of Elizabeth Carter, #8 Exhibit Exhibit 6 to Declaration of Elizabeth Carter, #9 Exhibit Exhibit 7 to Declaration of Elizabeth Carter, #10 Exhibit Exhibit 8 to Declaration of Elizabeth Carter, #11 Exhibit Exhibit 9 to Declaration of Elizabeth Carter, #12 Exhibit Exhibit 10 to Declaration of Elizabeth Carter, #13 Exhibit Exhibit 11 to Declaration of Elizabeth Carter, #14 Exhibit Exhibit 12 to Declaration of Elizabeth Carter, #15 Exhibit Exhibit 13 to Declaration of Elizabeth Carter)(Carter, Elizabeth) |
| Filing 26 Unresisted MOTION to file overlength brief by Alex M. Azar, II, Thomas J. Engels, Health Resources and Services Administration, United States Department of Health and Human Services.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/28/2020. (Attachments: #1 Ex. A- Memorandum in Opposition, #2 Declaration of Robert Walsh, #3 Ex. 1, #4 Ex. 2, #5 Ex. 3)(Krickbaum, Marc) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4334286 Fee paid in the amount of $100. by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Krinsky, Glenn) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4333876 Fee paid in the amount of $100. by United Network for Organ Sharing. (Carter, Elizabeth) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4333846 Fee paid in the amount of $100. by United Network for Organ Sharing. (Carter, Elizabeth) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4333837 Fee paid in the amount of $100. by United Network for Organ Sharing. (Carter, Elizabeth) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4333830 Fee paid in the amount of $100. by United Network for Organ Sharing. (Carter, Elizabeth) |
| Filing 20 NOTICE of Appearance by Elizabeth Jane Carter on behalf of United Network for Organ Sharing (Carter, Elizabeth) |
| Filing 19 NOTICE of Appearance by Lance W. Lange on behalf of United Network for Organ Sharing (Lange, Lance) |
| Filing 18 CERTIFICATE OF SERVICE by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky Supplement to Proof of Service of Court Order Regarding Briefing Schedule (Locher, Stephen) |
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Filing 17
TEXT ORDER granting #9 Motion for Leave to Appear Pro Hac Vice Peter C. Canfield; granting #10 Motion for Leave to Appear Pro Hac Vice Ricahrd Salgado; granting #11 Motion for Leave to Appear Pro Hac Vice Courtney A. Carrell; granting #13 Motion for Leave to Appear Pro Hac Vice Autumn Hamit Patterson. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/11/2020. (slg)
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| Filing 16 CERTIFICATE OF SERVICE by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky Proof of Service of Court Order Setting Briefing Schedule (Locher, Stephen) |
| Set Hearing: Oral Argument on #3 Plaintiff's Emergency Motion for Temporary Restraining Order is set for 12/14/2020 03:00 PM in Davenport - Room 120 - 1st Floor before Judge Stephanie M. Rose. (NDC) |
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Filing 15
TEXT ORDER: Because Defendants have yet to file an appearance in this matter, Plaintiffs are directed to file proof of service of the Court's previous order 14 coordinating an expedited briefing schedule on #3 Plaintiff's Motion for Temporary Restraining Order. Signed by Judge Stephanie M. Rose on 12/10/2020. (NDC)
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Filing 14
TEXT ORDER directing Defendants to respond to #3 Plaintiffs' Motion for Temporary Restraining Order before 11:59 p.m. on December 12, 2020. Plaintiffs may file a reply brief before 11:59 p.m. on December 13, 2020. A separate order concerning a hearing on Plaintiffs' Motion will be forthcoming. Signed by Judge Stephanie M. Rose on 12/10/2020. (NDC)
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4332679 Fee paid in the amount of $100. by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Patterson, Autumn) |
| Filing 12 CERTIFICATE OF SERVICE by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky re #4 MOTION to file overlength brief in Support of Motion for Temporary Restraining Order, #3 Emergency MOTION for Temporary Restraining Order AMENDED AND UPDATED CERTIFICATE OF SERVICE (Locher, Stephen) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4331954 Fee paid in the amount of $100. by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Carrell, Courtney) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4331856 Fee paid in the amount of $100. by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Salgado, Richard) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4331648 Fee paid in the amount of $100. by Adventist Health System/SunBelt, Inc., Alexander Berrios, Jr, Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. (Canfield, Peter) |
| Filing 8 Errata Exhibit 12 re #4 Motion to file overlength brief,, filed by University of Kentucky, University of Kansas Hospital Authority, Medical University Hospital Authority, AdventHealth Orlando, Board of Trustees of the University of Alabama, University of Iowa, Alexander Berrios, Jr.. (Attachments: #1 Ex 12 (pp 100-199), #2 Ex 12 (pp 200-299), #3 Ex 12 (pp 300-390))(Locher, Stephen) |
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Filing 7
TEXT ORDER granting #4 Plaintiffs' Motion for Leave to File Overlength Brief. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/10/2020. (jeb)
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| Filing 6 Errata Exhibits re #4 Motion to file overlength brief,, filed by University of Kentucky, University of Kansas Hospital Authority, Medical University Hospital Authority, AdventHealth Orlando, Board of Trustees of the University of Alabama, University of Iowa, Alexander Berrios, Jr.. (Attachments: #1 Ex 16 (pp 1-61), #2 Ex 16 (pp 62-123), #3 Ex 16 (pp 124-182), #4 Ex 17-23)(Locher, Stephen) |
| Filing 5 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. 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 12/30/2020. (Attachments: #1 7.1 Packet) (slg) |
| Judge Stephanie M. Rose added. Senior Judge Charles R. Wolle no longer assigned to case. (don) |
| Filing 4 MOTION to file overlength brief in Support of Motion for Temporary Restraining Order by Adventist Health System/SunBelt, Inc. d/b/a AdventHealth Orlando, Alexander Berrios, Jr., Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky.Motions referred to Stephen B. Jackson, Jr. (Attachments: #1 Brief, #2 Ex A, #3 Ex 1-11 to Ex. A, #4 Ex 24-31 to Ex. A, #5 Ex 32 to Ex. A, #6 Ex 33-45 to Ex. A, #7 Ex 46-50 to Ex. A)(Locher, Stephen) |
| Filing 3 Emergency MOTION for Temporary Restraining Order by Adventist Health System/SunBelt, Inc. d/b/a AdventHealth Orlando, Alexander Berrios, Jr., Board of Trustees of the University of Alabama, Medical University Hospital Authority, University of Iowa, University of Kansas Hospital Authority, University of Kentucky. Responses due by 12/23/2020. (Attachments: #1 Text of Proposed Order)(Locher, Stephen) |
| Filing 2 NOTICE of Appearance by Ryan Gene Koopmans on behalf of All Plaintiffs (Koopmans, Ryan) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants Filing fee paid in the amount of $ 402, receipt number 0863-4330956., filed by University of Kansas Hospital Authority, University of Kentucky, Board of Trustees of the University of Alabama, Alexander Berrios, Jr., Adventist Health System/SunBelt, Inc. d/b/a AdventHealth Orlando, Medical University Hospital Authority, University of Iowa. Notice of Dismissal for lack of Service deadline set for 3/6/2021.(Locher, Stephen) |
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