Federal Trade Commission v. Louisiana Children's Medical Center et al
| Federal Trade Commission |
| Louisiana Children's Medical Center and HCA Healthcare Inc |
| Attorney General State of Louisiana |
| 2:2023cv01890 |
| June 5, 2023 |
| US District Court for the Eastern District of Louisiana |
| Lance M Africk |
| Carl J Barbier |
| Michael North |
| Anti-Trust |
| None |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 57
ORDER granting #43 MOTION to Consolidate Cases. Civil Action No. 23-1890 is consolidated with Civil Action No. 23-1305. Signed by Judge Lance M Africk on 06/21/2023.(ko)
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Filing 56
Correction of Docket Entry by Clerk re #54 Answer to Complaint, #52 Answer to Complaint: Documents contain incorrect Section. All future filings should reflect Section I. (ko)
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Filing 55
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Admission of Sarah Welch (Filing fee $ 100 receipt number ALAEDC-9992119) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 Certificate of Good Standing, #2 Exhibit 2 - Affidavit of Sarah Welch, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana)
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Filing 54
ANSWER to #1 Complaint, | Defendant HCA Healthcare, Inc.'s Answer to Plaintiff's Petition for Injunctive Relief Pursuant to Section 7A(g)(2) of the Clayton Act and Section 13(b) of the Federal Trade Commission Act by HCA Healthcare Inc.(Razi, Sara)
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Filing 53
ORDER granting #51 Motion to Appear Pro Hac Vice as to Christopher Fitzpatrick. Signed by Judge Lance M Africk on 06/20/2023. (Attachments: #1 PHV Notice) (cs)
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Filing 52
ANSWER to #1 Complaint, by Louisiana Children's Medical Center.(Surprenant, Diana)
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Filing 51
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Christopher Fitzpatrick (Filing fee $ 100 receipt number ALAEDC-9988695) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 - Affidavit of Christopher Fitzpatrick, #2 Exhibit 2 - DC Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana) Modified text on 6/20/2023 (cs).
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Filing 50
ORDER granting #47 Motion to Appear Pro Hac Vice as to Robert Nolan Stander; granting #48 Motion to Appear Pro Hac Vice as to Robert Kenneth Warren Field. Signed by Judge Lance M Africk on 06/16/2023. (Attachments: #1 PHV Notice) (cs)
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Filing 49
ORDER granting #44 Motion to Appear Pro Hac Vice as to Benjamin Frederick Holt; granting #46 Motion to Appear Pro Hac Vice as to Sean Marotta. Signed by Judge Lance M Africk on 06/15/2023. (Attachments: #1 PHV Notice) (cs)
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Filing 48
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Kenneth Field (Filing fee $ 100 receipt number ALAEDC-9987228) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 - Affidavit of Kenneth Field, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana) Modified text on 6/16/2023 (cs).
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Filing 47
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Robert N. Stander (Filing fee $ 100 receipt number ALAEDC-9985827) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 - Affidavit of Robert Stander, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana) Modified text on 6/16/2023 (cs).
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Filing 46
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Admission of Sean Marotta (Filing fee $ 100 receipt number ALAEDC-9983641) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 - Affidavit of Sean Marotta, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana)
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Filing 45
ORDER granting #40 , #41 , #42 Motions to Appear Pro Hac Vice as to Abram Jeremy Ellis, Joshua Greenberg Hazan, Sara Young Razi. Signed by Judge Lance M Africk on 06/13/2023. (Attachments: #1 Notice) (ko)
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Filing 44
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Admission of Benjamin F. Holt (Filing fee $ 100 receipt number ALAEDC-9982554) by Louisiana Children's Medical Center. (Attachments: #1 Exhibit 1 - Affidavit of Benjamin F. Holt, #2 Exhibit 2 - DC Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing Form, #4 Proposed Order)(Surprenant, Diana)
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Filing 43
MOTION to Consolidate Cases by HCA Healthcare Inc. Motion(s) will be submitted on 6/28/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Barrasso, Judy)
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Filing 42
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Sara Y. Razi (Filing fee $ 100 receipt number ALAEDC-9980989) by HCA Healthcare Inc. (Attachments: #1 Affidavit of Sara Y. Razi, #2 Certificate of Good Standing, #3 Consent to E-Filing, #4 Proposed Order)(Barrasso, Judy)
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Filing 41
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Joshua G. Hazan (Filing fee $ 100 receipt number ALAEDC-9980980) by HCA Healthcare Inc. (Attachments: #1 Affidavit of Joshua G. Hazan, #2 Certificate of Good Standing, #3 Consent to E-Filing, #4 Proposed Order)(Barrasso, Judy)
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Filing 40
EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Abram J. Ellis (Filing fee $ 100 receipt number ALAEDC-9980976) by HCA Healthcare Inc. (Attachments: #1 Affidavit of Abram J. Ellis, #2 Certificate of Good Standing, #3 Consent to Electronic Filing, #4 Proposed Order)(Barrasso, Judy)
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Filing 39
ORDER granting #33 , #34 , #36 Motion to Enroll as Counsel of Record. FURTHER ORDERED that Judy Y. Barrasso, Stephen R. Klaffky, Harry Rosenberg are enrolled as counsel of record for defendant HCA Healthcare, Inc. FURTHER ORDERED that Daniel Matheson is enrolled as lead counsel on behalf of Federal Trade Commission. FURTHER ORDERED that E. Paige Sensenbrenner and Diana Cole Surprenant are enrolled as counsel of record for defendant Louisiana Children's Medical Center. Signed by Judge Lance M Africk on 06/12/2023. (ko)
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Filing 38
ORDER TRANSFERRING CASE. The Court has been informed that the above-captioned case is related to Civil Action No. 23-1305, Louisiana Children's Medical Center v. Attorney General of the United States which has been allotted to Section "I"(5) of this Court. Accordingly, IT IS HEREBY ORDERED that the above-captioned matter be TRANSFERRED to Section "I"(5) for further proceedings. Signed by Judge Carl J Barbier on 6/8/23.(cg)
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Filing 37
EXPARTE/CONSENT MOTION to Intervene by Attorney General State of Louisiana. (Attachments: #1 Proposed Order, #2 Proposed Pleading Petition of Intervention, #3 Exhibit 1 - St. Tammany Farmer Notice 1, #4 Exhibit 2 - St. Tammany Farmer Notice 2, #5 Exhibit 3 - St. Tammany Farmer Notice 3, #6 Exhibit 4 - St. Tammany Farmer Notice 4, #7 Exhibit 5 - Advocate Notice 1, #8 Exhibit 6 - Advocate Notice 2, #9 Exhibit 7 - Public Hearing Notice - LADOJ Website, #10 Exhibit 8 - Public Hearing Notice - Claiborne Building, #11 Exhibit 9 - COPA Approval, #12 Exhibit 10 - COPA Terms and Conditions)Attorney Terrence Joseph Donahue, Jr added to party Attorney General State of Louisiana(pty:intvd).(Donahue, Terrence)
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Filing 36
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Louisiana Children's Medical Center. (Attachments: #1 Proposed Order)Attorney Diana Cole Surprenant added to party Louisiana Children's Medical Center(pty:dft).(Surprenant, Diana)
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Filing 35
*DEFICIENT* Joint MOTION to Consolidate Cases by HCA Healthcare Inc. Motion(s) will be submitted on 6/28/2023. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Barrasso, Judy) Modified on 6/9/2023 (cg).
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Filing 34
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Federal Trade Commission. (Attachments: #1 Proposed Order)(Seidman, Mark)
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Filing 33
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by HCA Healthcare Inc. (Attachments: #1 Proposed Order Order)Attorney Judy Y. Barrasso added to party HCA Healthcare Inc(pty:dft).(Barrasso, Judy)
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Filing 32
Case transferred in from District of District of Columbia; Case Number 1:23-cv-01103. Electronic file certified copy of transfer order and docket sheet received (my)
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Filing 31
MEMORANDUM OPINION & ORDER denying as moot #19 motion to dismiss or, in the alternative, to transfer for lack of personal jurisdiction and #20 granting motion to transfer case pursuant to 28 U.S.C. 1404(a). It is ORDERED that pursuant to 28 U.S.C. 1404(a), this case is TRANSFERRED to the United States District Court for the Eastern District of Louisiana. See Memorandum Opinion & Order for details. Signed by Judge Amy Berman Jackson on 5/23/23. (DMK) [Transferred from dcd on 6/7/2023.]
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Filing 30
NOTICE of Appearance by Kenneth Field on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Field, Kenneth) [Transferred from dcd on 6/7/2023.]
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MINUTE ORDER granting #29 Motion for Leave of Kenneth W. Field to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Amy Berman Jackson on 5/2/23. (DMK) [Transferred from dcd on 6/7/2023.]
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Filing 29
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Warren Field, Filing fee $ 100, receipt number ADCDC-10035121. Fee Status: Fee Paid. by LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Kenneth W. Field, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Holt, Benjamin) [Transferred from dcd on 6/7/2023.]
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Filing 28
REPLY to opposition to motion re #3 by FEDERAL TRADE COMMISSION. (Seidman, Mark); Modified text, added docketing event, and added docket entry relationship on 4/28/2023 (ztth). [Transferred from dcd on 6/7/2023.]
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Filing 27
REPLY to opposition to motion re #19 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer for Want of Jurisdiction MOTION to Transfer Case filed by LOUISIANA CHILDRENS MEDICAL CENTER. (Holt, Benjamin) [Transferred from dcd on 6/7/2023.]
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Filing 26
REPLY to opposition to motion re #20 MOTION to Transfer Case filed by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Razi, Sara) [Transferred from dcd on 6/7/2023.]
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Filing 25
Memorandum in opposition to re #20 Motion to Transfer Case, filed by FEDERAL TRADE COMMISSION. (Attachments: #1 Exhibit A, #2 Exhibit B)(Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 24
Memorandum in opposition to re #19 Motion to Dismiss/Lack of Jurisdiction,, Motion to Transfer Case, filed by FEDERAL TRADE COMMISSION. (Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 23
Memorandum in opposition to re #3 Motion for Injunction Opposition to Petition for Injunctive Relief filed by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Robert N. Stander, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Stander, Robert) Modified event title and link on 4/27/2023 (znmw). [Transferred from dcd on 6/7/2023.]
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Filing 22
NOTICE of Appearance by Stephen W. Rodger on behalf of FEDERAL TRADE COMMISSION (Rodger, Stephen) [Transferred from dcd on 6/7/2023.]
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Filing 21
NOTICE of Appearance by Adam Pergament on behalf of FEDERAL TRADE COMMISSION (Pergament, Adam) [Transferred from dcd on 6/7/2023.]
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Filing 20
MOTION to Transfer Case by HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Memorandum in Support of Motion to Transfer Venue, #2 Declaration of Kathryn Hays Sasser, Esq. in Support of Motion to Transfer Venue, #3 Declaration of Sara Y. Razi in Support of Motion to Transfer Venue, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Text of Proposed Order)(Razi, Sara) [Transferred from dcd on 6/7/2023.]
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Filing 19
MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, Transfer for Want of Jurisdiction by LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Declaration of Jody B. Martin, #2 Text of Proposed Order)(Holt, Benjamin). Added MOTION to Transfer Case on 4/25/2023 (znmw). [Transferred from dcd on 6/7/2023.]
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Filing 18
NOTICE of Appearance by Mark Seidman on behalf of FEDERAL TRADE COMMISSION (Seidman, Mark) [Transferred from dcd on 6/7/2023.]
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Filing 17
WAIVER OF SERVICE. HOSPITAL CORPORATION OF AMERICA waiver sent on 4/21/2023, answer due 6/20/2023. (Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 16
WAIVER OF SERVICE. LOUISIANA CHILDRENS MEDICAL CENTER waiver sent on 4/21/2023, answer due 6/20/2023. (Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 15
NOTICE of Appearance by Robert Nolan Stander on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Stander, Robert) [Transferred from dcd on 6/7/2023.]
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Filing 14
NOTICE of Appearance by James Harris Weingarten on behalf of FEDERAL TRADE COMMISSION (Weingarten, James) [Transferred from dcd on 6/7/2023.]
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Filing 12
ORDER on the parties' stipulation #9 and denying as moot plaintiff's motion for a temporary restraining order #2 . See Order for details. Signed by Judge Amy Berman Jackson on 4/21/23. (DMK) (Main Document 12 replaced on 4/21/2023 to add the signature of the Judge.) (jth). [Transferred from dcd on 6/7/2023.]
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Filing 11
NOTICE of Appearance by Sean Marotta on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Marotta, Sean) [Transferred from dcd on 6/7/2023.]
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Filing 10
NOTICE of Appearance by Christopher Fitzpatrick on behalf of LOUISIANA CHILDRENS MEDICAL CENTER (Fitzpatrick, Christopher) [Transferred from dcd on 6/7/2023.]
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Filing 9
STIPULATION re #2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause and Preliminary Injunction by LOUISIANA CHILDRENS MEDICAL CENTER. (Holt, Benjamin) [Transferred from dcd on 6/7/2023.]
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Filing 8
SUMMONS (2) Issued Electronically as to HOSPITAL CORPORATION OF AMERICA, LOUISIANA CHILDRENS MEDICAL CENTER. (Attachments: #1 Notice and Consent)(zcb) [Transferred from dcd on 6/7/2023.]
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Set/Reset Deadlines: Defendants' motion to transfer is due Monday, 4/24/2023 the FTC's response is due by 12:00 noon Wednesday, 4/26/2023 and any reply is due by 12:00 noon Friday, 4/28/2023. Defendants' Memorandum on the legal issue of the effect of the state approval of the merger on the FTC's authority to conduct a HRS investigation is due by 12:00 noon Wednesday, 4/26/2023, and the FTC's reply is due by 12:00 noon Friday, 4/28/2023. The parties will file by 12:00 noon, Friday, April 21, 2023 either (1) a joint proposed order that would freeze significant steps toward further integration while the Court considers the issues before it or (2) advise that the parties have been unable to reach agreement on a proposed order. (jth) [Transferred from dcd on 6/7/2023.]
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MINUTE ORDER denying as moot #3 plaintiff's Motion for Injunction in light of plaintiff's Amended Motion for Injunction #6 . SO ORDERED. Signed by Judge Amy Berman Jackson on 4/21/23. (DMK) [Transferred from dcd on 6/7/2023.]
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Filing 7
CERTIFICATE OF SERVICE by Federal Trade Commission re #2 MOTION for Order Temporary Restraining Order, #4 Memorandum, #6 Amended MOTION for Order for Injunctive Relief, #5 Declaration, #3 MOTION for Order for Injunctive Relief, #1 Complaint, . (Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 6
Amended MOTION for Injunction by Federal Trade Commission. (Attachments: #1 Text of Proposed Order [Proposed] Order for Injunctive Relief)(Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 5
DECLARATION of Maribeth Petrizzi by Federal Trade Commission re #1 Complaint, filed by Federal Trade Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 4
MEMORANDUM re #2 MOTION for Order to Show Cause and for Temporary Restraining Order filed by Federal Trade Commission, #3 MOTION for Order for Injunctive Relief filed by Federal Trade Commission by Federal Trade Commission. (Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 3
MOTION for Injunction by Federal Trade Commission. (Attachments: #1 Text of Proposed Order [Proposed] Order for Injunctive Relief)(Perlman, Neal) [Transferred from dcd on 6/7/2023.]
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Filing 2
MOTION for Temporary Restraining Order by Federal Trade Commission. (Attachments: #1 Declaration Certificate of Counsel Pursuant to Local Rule 65.1, #2 Text of Proposed Order [Proposed] Order to Show Cause, #3 Text of Proposed Order [Proposed] Temporary Restraining Order)(Perlman, Neal). Added MOTION for Order to Show Cause on 4/21/2023 (znmw). [Transferred from dcd on 6/7/2023.]
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Filing 1
COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Summons Summons to Louisiana Children's Medical Center, #4 Summons Summons to HCA Healthcare, Inc.)(Perlman, Neal) (Attachment 1 replaced on 4/20/2023) (zcb). [Transferred from dcd on 6/7/2023.]
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Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephonic Scheduling Conference Call held on 4/20/2023. Scheduling Order to be issued by the Court. (Court Reporter: Janice Dickman). (zjth) [Transferred from dcd on 6/7/2023.]
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MINUTE ORDER. Pursuant to the telephone scheduling call held on this date, it is ORDERED that defendants' motion to transfer is due Monday, April 24, the FTC's response is due by 12:00 noon Wednesday, April 26, and any reply is due by 12:00 noon Friday, April 28. It is FURTHER ORDERED that defendants' memorandum on the legal issue of the effect of the state approval of the merger on the FTC's authority to conduct a HRS investigation is due by 12:00 noon Wednesday, April 26, and the FTC's reply is due by 12:00 noon Friday, April 28. Finally, it is FURTHER ORDERED that the parties will file by 12:00 noon, Friday, April 21, 2023 either (1) a joint proposed order that would freeze significant steps toward further integration while the Court considers the issues before it or (2) advise that the parties have been unable to reach agreement on a proposed order. Signed by Judge Amy Berman Jackson on 4/20/23. (DMK) [Transferred from dcd on 6/7/2023.]
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