Hillcreek Rehab and Care, LLC v. Becerra et al
| Hillcreek Rehab and Care, LLC |
| Xavier Beccera, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) and Xavier Becerra |
| 3:2023cv00265 |
| May 24, 2023 |
| US District Court for the Western District of Kentucky |
| Rebecca Grady Jennings |
| 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 25
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 #13 ) is hereby DISSOLVED and this action is DISMISSED with prejudce.cc:counsel (JWM)
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| Filing 24 Proposed Agreed Order Dismissing Case With Prejudice by Hillcreek Rehab and Care, LLC. (Vail, William) |
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Filing 23
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 22
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 #18 ) on 5/30/2023, a "Motion to Amend/Correct Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1)" (DN #20 on 5/31/2023, and a "Motion to Dissolve Temporary Restraining Order" (DN #21 ) on 5/31/2023; IT IS HEREBY ORDERED the Plaintiff shall file a response to these motions 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. (Court Reporter: Becky Boyd) cc: Counsel (SMJ)
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| Filing 21 MOTION to Vacate #13 Order on Motion for TRO,,, to dissolve TRO by Defendant Xavier Becerra, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) (Attachments: #1 Exhibit May 5, 2023 survey report, #2 Proposed Order) (Snyder, Jason) Modified filers on 6/1/2023 (DeW). |
| Filing 20 MOTION to Amend/Correct #18 Motion to Dismiss, by Defendants Xavier Becerra, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) (Attachments: #1 AMENDED Motion to Dismiss, #2 Exhibit 1-May 5, 2023 Survey Report, #3 AMENDED Proposed Order Dismissing, #4 Proposed Order) (Campbell, William) |
| Filing 19 NOTICE of Appearance by William F. Campbell on behalf of Xavier Becerra, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) (Campbell, William) |
| Filing 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Defendant Xavier Becerra, Chiquita Brooks-Lasure, John Gilford, The Centers for Medicare and Medicaid Services, Atlanta Regional Office (Region 4) (Attachments: #1 Exhibit May 5, 2023 survey report, #2 Proposed Order) (Snyder, Jason) Modified filers on 5/31/2023 (DeW). |
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 5/30/2023 granting #9 Motion for Kurt Erskine to Appear Pro Hac Vice cc: Counsel; Kurt Erskine (w/ ECF Packet); Richard Ross Burris, III (w/ ECF Packet)(JWM)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE by Chief Judge Greg N. Stivers on 5/30/2023 granting #10 Motion for Richard Ross Burris, III to Appear Pro Hac Vice cc: Counsel; Richard Ross Burris, III (w/ ECF Packet); Kurt Erskine (w/ ECF Packet)(JWM)
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| Filing 15 Summonses Issued as to All Defendants, U.S. Attorney, U.S. Attorney General. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons - Brooks-LaSure, #2 Summons - Gilford, #3 Summons - CMMS-Atl. Regional Ofc., #4 Summons - U.S. Atty., #5 Summons - U.S. AG) (SMJ) |
| Schedules: Evidentiary Hearing set for 6/1/2023 at 2:00 PM in Louisville Courtroom before Chief Judge Greg N. Stivers. (SMJ) |
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Filing 14
ORDER signed by Judge Rebecca Grady Jennings on 5/26/2023. This matter is REASSIGNED to Chief Judge Greg N. Stivers for all further proceedings. A hearing on Plaintiff's request for a preliminary injunction will be held at 2:00 PM ET on Thursday, 6/1/2023, at the U.S. Courthouse, Louisville, Kentucky before Judge Stivers. cc: Counsel (SMJ)
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Filing 13
TEMPORARY RESTRAINING ORDER Signed by Judge Rebecca Grady Jennings on 5/26/2023. Plaintiff Hillcreek's Motion for Temporary Restraining Order and Preliminary Injunction (DN #4 ) is GRANTED as to the temporary restraining order. Defendants are ENJOINED from terminating Hillcreek's Medicare and Medicaid provider agreement, requiring Hillcreek to provide notice of its Medicare provider agreement to its patients or otherwise prohibiting Defendants from posting such a notice. The temporary restraining order will expire fourteen (14) days from its entry. Plaintiff's counsel is DIRECTED to provide a copy of this temporary restraining order on Defendants or their counsel. A preliminary injunction hearing will be scheduled by separate order. The Clerk of Court is directed to correct the spelling of Defendant Xavier Becerra on the case caption. cc: Counsel (SMJ)
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| Filing 12 Proposed Order for Admission Pro Hac Vice re #9 MOTION for Kurt Erskine to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815567. by Hillcreek Rehab and Care, LLC. (Vail, William) |
| Filing 11 NOTICE OF FILING by Hillcreek Rehab and Care, LLC re #1 Complaint,,,, #6 Notice (Other) (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 10 MOTION for Richard Ross Burris to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815645. by Plaintiff Hillcreek Rehab and Care, LLC (Attachments: #1 Proposed Order for Motion to Appear Pro Hac Vice for Richard Ross Burris) (Vail, William) |
| Filing 9 MOTION for Kurt Erskine to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3815567. by Plaintiff Hillcreek Rehab and Care, LLC (Vail, William) |
| Filing 8 Proposed Order re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #7 Notice of Deficiency by Hillcreek Rehab and Care, 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) |
| Filing 5 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (CDL) |
| Filing 4 PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Plaintiff Hillcreek Rehab and Care, LLC (CDL) |
| Filing 3 CERTIFICATION OF RULE 65(b) NOTICE by Hillcreek Rehab and Care, LLC re #1 Complaint. (CDL) |
| Filing 2 Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent Medical Rehabilitation Centers, LLC for Hillcreek Rehab and Care, 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-3815135), filed by Hillcreek Rehab and Care, LLC. (Attachments: #1 Exhibit A - IJ Removal Plan for the 11.3.23 Survey, #2 Exhibit B - December 20 Notice, #3 Exhibit C - Plan of Correction for the 9.13.22 Survey, #4 Exhibit D - March15 Notice, #5 Exhibit E - April 4, 2023 Correspondence, #6 Exhibit F - Plan of Correction for the 3.31.23 Survey, #7 Exhibit G - Plan of Correction for the 4.23.23 Survey, #8 Exhibit H -April 25 Notice, #9 Exhibit I - Request for Administrative Hearing, #10 Exhibit J - Motion for Expedited Hearing, #11 Exhibit K - Order Denying Mtn for Expedited Hearing, #12 Exhibit L -May 15 Notice, #13 Exhibit M - May 15 POC, #14 Cover Sheet, #15 Summons Tendered) (CDL) Modified on 5/25/2023 (CDL). |
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