Smalley v. Becerra
| David L. Smalley |
| Xavier Becerra |
| American Association of Bioanalysts |
| U.S. Department of Justice and U.S. Attorney, Eastern District of Missouri |
| 4:2022cv00399 |
| April 5, 2022 |
| US District Court for the Eastern District of Missouri |
| Henry Edward Autrey |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
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Filing 20
NOTICE Intent to Call Witness in Conjunction with hearing on Plaintiff's Motion for Preliminary Injunction: by Plaintiff David L. Smalley re #12 Order, (Dunham, Charles)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice Michael Y. Hawrylchak. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9325109) by Amicus American Association of Bioanalysts. (Attachments: #1 Certificate of Good Standing)(Hawrylchak, Michael)
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Filing 18
RESPONSE in Opposition re #13 MOTION to Dismiss Case filed by Plaintiff David L. Smalley. (Dunham, Charles)
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Filing 17
REPLY to Response to Motion re #4 MOTION for Preliminary Injunction Plaintiff's Reply in Support of Motion for Preliminary Injunction filed by Plaintiff David L. Smalley. (Dunham, Charles)
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Filing 16
MEMORANDUM in Support of #13 Motion to Dismiss Case and In Opposition to #4 Plaintiff's Motion for Preliminary Injuction filed by by Defendant Xavier Becerra. (HMA)
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Filing 15
Docket Text ORDER: Re #14 MOTION for Leave to File a Memorandum in Excess of 15-Pages filed by Defendant Xavier Becerra; ORDERED LEAVE TO FILE IS GRANTED. Signed by District Judge Henry Edward Autrey on 5/24/2022. (HMA)
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Filing 14
MOTION for Leave to File a Memorandum in Excess of 15-Pages by Defendant Xavier Becerra. (Attachments: #1 Exhibit 1 - Defendant's Memorandum in Support of His Motion to Dismiss and In Opposition to Plaintiff's Motion for a Preliminary Injunction)(Keller, Roger)
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Filing 13
MOTION to Dismiss Case by Defendant Xavier Becerra. (Attachments: #1 Exhibit 1 - September 25, 2020 Facsimile confirmation from CMS to Plaintiff, #2 Exhibit 2 - Plaintiff's October 2, 2020, letter to CMS, #3 Exhibit 3 - Gamma Healthcare, Inc.-Poplar Bluff Appeal of Sanctions and Remedies, #4 Exhibit 4 - CMS's October 5, 2020, letter to Plaintiff, #5 Exhibit 5 - October 7, 2020, Inspection results, #6 Exhibit 6 - CMS's October 15, 2020, letter to Plaintiff, #7 Exhibit 7 - Plaintiff's October 16, 2020, letter to CMS, #8 Exhibit 8 - Plaintiff's October 20, 2020, letter to CMS, #9 Exhibit 9 - CMS's October 21, 2020, letter to Plaintiff, #10 Exhibit 10 - October 21, 2020, Facsimile confirmation from CMS to Plaintiff, #11 Exhibit 11 - Plaintiff's October 22, 2020, letter to CMS)(Keller, Roger)
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Filing 12
JOINT SCHEDULING ORDER (See Full Order) Response to Court due by 5/23/2022. Motion for Preliminary Injunction Hearing set for 6/14/2022 at 10:30 AM in Zoom Video Conference before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 5/6/22. (EAB)
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Filing 11
SUMMONS Returned Executed filed by U.S. Attorney, Eastern District of Missouri. Defendant U.S. Attorney, Eastern District of Missouri served on 4/8/2022, answer due 6/7/2022. (Dunham, Charles)
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Filing 10
SUMMONS Returned Executed filed by David L. Smalley. Defendant U.S. Department of Justice served on 4/14/2022, answer due 6/13/2022. (Dunham, Charles)
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Filing 9
SUMMONS Returned Executed filed by David L. Smalley. Defendant Xavier Becerra served on 4/11/2022, answer due 6/10/2022. (Dunham, Charles)
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Filing 8
NOTICE by Plaintiff David L. Smalley re #5 Memorandum in Support of Motion,, #4 MOTION for Preliminary Injunction of Filing Supplement in Support of Motion for a Preliminary Injunction (Attachments: #1 Appendix Declaration of Dr. David L. Smalley in Support of Motion for a Preliminary Injunction)(Dunham, Charles)
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Filing 7
JOINT SCHEDULING PLAN by Defendant Xavier Becerra. . (Keller, Roger)
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Filing 6
ENTRY of Appearance by Roger A. Keller, Jr for Defendant Xavier Becerra. (Keller, Roger)
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Filing 5
MEMORANDUM in Support of Motion re #4 MOTION for Preliminary Injunction filed by Plaintiff David L. Smalley. (Attachments: #1 Exhibit A - First Notice and Statement of Deficiencies, #2 Exhibit B - First Plan of Correction, #3 Exhibit C - Second Notice and Statement of Deficiencies, #4 Exhibit D - Second Plan of Correction, #5 Exhibit E - Third Notice of Non-Compliance, #6 Exhibit F - Revised Plan of Correction, #7 Exhibit G - Proposal of Principal Sanctions, #8 Exhibit H - Notice of Final Sanctions, #9 Exhibit I - Email from Polsinelli, LLP)(Dunham, Charles)
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Filing 4
MOTION for Preliminary Injunction by Plaintiff David L. Smalley. (Attachments: #1 Text of Proposed Order)(Dunham, Charles)
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Filing 3
Docket Text ORDER: Re: #2 MOTION for Leave to Appear Pro Hac Vice Charles C. Dunham, IV.; GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on 4/6/2022. (JEB)
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Filing 2
MOTION for Leave to Appear Pro Hac Vice Charles C. Dunham, IV. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9223116) by Plaintiff David L. Smalley. (Attachments: #1 Certificate of Good Standing for Charles C. Dunham, IV)(Dunham, Charles)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against defendant Xavier Becerra with receipt number AMOEDC-9222997, in the amount of $402 Non-Jury Demand,, filed by David L. Smalley. (Attachments: #1 Exhibit A - Tennessee and New York License Verification, #2 Exhibit B - CLIAC Appointment, #3 Exhibit C - First Notice, #4 Exhibit D - First Plan of Correction, #5 Exhibit E - Second Notice, #6 Exhibit F - Second Plan of Correction, #7 Exhibit G - Notice of Final Sanctions, #8 Exhibit H - Polsinelli Email, #9 Civil Cover Sheet, #10 Original Filing Form, #11 Summons to Xavier Becerra, Secretary of Health and Human Services, c/o Centers for Medicare & Medicaid Services, Division of Clinical Laboratory Improvement & Quality, Western and Clinical Operations Branch, Kansas City Office, #12 Summons to U.S. Department of Justice, Attn: Assistant Attorney General for Administration, Justice Management Divsion, #13 Summons to U.S. Attorney, Eastern District of Missouri)(Dunham, Charles)
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Case Opening Notification. Judge Assigned: U.S. District Judge Henry E. Autrey. 3 Summons(es) issued and emailed to attorney Charles Dunham, IV. (BAK)
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