St. Matthews Care and Rehab Center, LLC v. Becerra et al
| St. Matthews Care and Rehab Center, LLC |
| Xavier Beccera, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) and Xavier Becerra |
| 3:2023cv00261 |
| May 24, 2023 |
| US District Court for the Western District of Kentucky |
| Greg N Stivers |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 23
AGREED ORDER DISMISSING CASE WITH PREJUDICE by Chief Judge Greg N. Stivers on 6/6/2023. The Temporary Restraining Order previously issued in this action (DN #10 ) is hereby DISSOLVED; and THIS ACTION IS DISMISSED, with prejudice. cc: counsel (DeW)
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| Filing 22 Proposed Agreed Order Dismissing Case With Prejudice by St. Matthews Care and Rehab Center, LLC. (Vail, William) |
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Filing 21
TEXT ORDER by Chief Judge Greg N. Stivers on 6/6/2023. IT IS HEREBY ORDERED the motion hearing scheduled for 6/7/2023 will begin at 10:00 a.m. EDT, Gene Snyder Courthouse, Louisville, Kentucky. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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Filing 20
ORDER for proceedings held before Chief Judge Greg N. Stivers: Motion Hearing held on 6/1/2023. The Defendants having filed a "Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1)" (DN #19 ) on 6/1/2023; IT IS HEREBY ORDERED the Plaintiff shall file a response to this motion by 6/6/2023. A hearing on all pending motions will be held on 6/7/2023 at 9:00 a.m. EDT, Gene Snyder U.S. Courthouse, Louisville, Kentucky. The Clerk of Court is directed to correct the spelling of Defendant Xavier Becerra on the case caption. (Court Reporter: Becky Boyd) cc: Counsel (SMJ)
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| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Defendant Xavier Beccera (Attachments: #1 Exhibit May 31, 2023 CMS letter, #2 Proposed Order) (Snyder, Jason) |
| Filing 18 Summons Reissued as to Xavier Beccera. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DeW) |
| Filing 17 NOTICE of Filing Revised Summons to Xavier Beccera by St. Matthews Care and Rehab Center, LLC re #14 Summons Issued,, Summons Issued as to USA, #12 Notice (Other),, (Attachments: #1 Summons Revised Summons to Xavier Beccera) (Vail, William) |
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE Signed by Chief Judge Greg N. Stivers on 5/30/2023 granting #9 Motion for Kurt Erskine to Appear Pro Hac Vice. cc: Counsel (DeW)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE Signed by Chief Judge Greg N. Stivers on 5/30/2023 granting #11 Motion for Richard Ross Burris III to Appear Pro Hac Vice. cc: Counsel (DeW)
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| Filing 14 Summons Issued as to Xavier Beccera, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4), U.S. Attorney and U.S. Attorney General. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MNM) |
| Response to #7 Notice of Deficiency. (MNM) |
| Filing 13 Proposed Order for Admission Pro Hac Vice re #9 MOTION for Kurt Erskine to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815584. by St. Matthews Care and Rehab Center, LLC. (Vail, William) |
| Filing 12 NOTICE OF FILING by St. Matthews Care and Rehab Center, LLC re #1 Complaint,,,, (Attachments: #1 Summons XAVIER BECCERA, in his official capacity as Secretary, U.S. Dept. of Health and Human Services, #2 Summons CHIQUITA BROOKS-LASURE, in her official capacity as Administrator for the Centers for Medicare and Medicaid Services, #3 Summons JOHN GILFORD, in his official capacity as Regional Administrator for (Region 4) the Centers for Medicare and Medicaid Services, #4 Summons The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4), #5 Summons MICHAEL A. BENNETT (US atty WDKY), #6 Summons US ATTORNEY GENERAL GARLAND) (Vail, William) |
| Filing 11 MOTION for Richard Ross Burris to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815614. by Plaintiff St. Matthews Care and Rehab Center, LLC (Attachments: #1 Proposed Order for Motion to Appear Pro Hac Vice for Richard Ross Burris) (Vail, William) |
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Filing 10
ORDER GRANTING TEMPORARY RESTRAINING ORDER Signed by Chief Judge Greg N. Stivers on 5/25/2023 granting #4 Motion for Temporary Restraining Order. Defendants are TEMPORARILY ENJOINED from terminating Plaintiff's Medicare provider agreement relating to its participation in the federal Medicare and Medicaid programs on May 26, 2023. The temporary restraining order will expire fourteen (14) days from its entry in accordance with Fed. R. Civ. P. 65(b)(2). Plaintiff's counsel is DIRECTED to provide a copy of this temporary restraining order on Defendants or their counsel. Preliminary Injunction Hearing set for 6/1/2023 at 2:00 PM ET in Louisville Courtroom before Chief Judge Greg N. Stivers. cc: Counsel (DeW)
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| Filing 9 MOTION for Kurt Erskine to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815584. by Plaintiff St. Matthews Care and Rehab Center, LLC (Vail, William) (Additional attachment(s) added on 5/26/2023: #1 Proposed Order) (MNM). |
| Filing 8 Proposed Order re #7 Notice of Deficiency, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by St. Matthews Care and Rehab Center, LLC. (Vail, William) |
| Filing 7 NOTICE of Deficiency re #4 Motion for TRO, Motion for Preliminary Injunction.Reason for Deficiency: Missing Proposed Order. Failure to comply will be brought to the attention of the Court. Response due by 6/1/2023. (CDL) |
| Filing 6 NOTICE ON SUMMONS re #1 Complaint - Incomplete summons and missing summons. (CDL) Modified on 5/25/2023 to correct typo (CDL). |
| Filing 5 Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (CDL) |
| Filing 4 MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Plaintiff St. Matthews Care and Rehab Center, LLC (CDL) |
| Filing 3 CERTIFICATION OF RULE 65(b) NOTICE by St. Matthews Care and Rehab Center, LLC re #1 Complaint. (CDL) |
| Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Medical Rehabilitation Center, LLC for St. Matthews Care and Rehab Center, LLC. (CDL) |
| Filing 1 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF against Xavier Beccera, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4), (Filing fee $402, receipt number AKYWDC-3815063), filed by St. Matthews Care and Rehab Center, LLC. (Attachments: #1 Exhibit A - St. Matthews - Request for ALJ Hearing, #2 Exhibit B - St. Matthews - Motion for Expedited ALJ Hearing, #3 Exhibit C - Email Correspondence with SA, #4 Exhibit D - 2023.01.30 - IJ Letter Nov 2022 survey, #5 Exhibit E - 2022.11.18 - Form 2567 with POC, #6 Exhibit F - 2023.04.19 -IJs from 4.5.23 survey reduced, #7 Exhibit G - 2023.04.28 ePOC Notice, #8 Exhibit H - 2023.04.05 Survey, #9 Exhibit I - April 24, 2023 CMS Notice, #10 Exhibit J - April 26, 2023 CMS Notice, #11 Exhibit K - 2023.04.27 Survey -Form 2567, #12 Exhibit L - 2023.05.03 - Cover Lettr to 4.27.23 Survey, #13 Exhibit M - 2023.05.11 - Letter for April 27th POC revisions - Copy, #14 Exhibit N - 2023.05.11 CMS TERMINATION Notice, #15 Cover Sheet, #16 Summons Tendered) (CDL) |
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