Concord Hospital, Inc. v. NH Department of Health and Human Services, Commissioner
Plaintiff: Concord Hospital, Inc.
Defendant: Lori Weaver, Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, NH Department of Health and Human Services, Commissioner, US Department of Health and Human Services, Secretary and Centers for Medicare and Medicaid Services, Administrator
Case Number: 1:2023cv00486
Filed: October 30, 2023
Court: US District Court for the District of New Hampshire
Presiding Judge: Landya B McCafferty
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2023 Filing 18 REPLY to Objection to Motion re #2 MOTION for Preliminary Injunction filed by Concord Hospital, Inc.. Surreply due by 12/27/2023. (Sackman, Edward)
December 22, 2023 Filing 17 Assented to MOTION to Exceed Page Limit filed by Concord Hospital, Inc..(Sackman, Edward)
December 14, 2023 Filing 16 NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of NH Department of Health and Human Services, Commissioner Attorney Samuel R. V. Garland added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Garland, Samuel)
December 14, 2023 NOTICE re: #2 MOTION for Preliminary Injunction. Motion Hearing set for 1/22/2024 at 02:00 PM before Chief Judge Landya B. McCafferty.(de)
December 14, 2023 Opinion or Order ENDORSED ORDER granting #14 Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)
December 13, 2023 Filing 15 OBJECTION to #2 MOTION for Preliminary Injunction filed by NH Department of Health and Human Services, Commissioner. Follow up on Reply on 12/20/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) Affidavit of Meredith Telus, #3 Exhibit A - Repayment Agreement, #4 Exhibit B - DSH Audit Proposed Contract Amendment, #5 Exhibit C - DSH Audit Addendum, #6 Exhibit (Affidavit) Affidavit of Robert Berry)(Lombardi, Laura)
December 13, 2023 Filing 14 Assented to MOTION to Exceed Page Limit filed by NH Department of Health and Human Services, Commissioner.(Lombardi, Laura)
December 11, 2023 Filing 13 AFFIDAVIT of Service of Summons and Supporting Materials as to Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Administrator, NH Department of Health and Human Services, Commissioner, US Department of Health and Human Services, Secretary filed by Concord Hospital, Inc.. Served/Mailed on 11/6/2023. (Attachments: #1 Exhibit A -- Return Receipts / Green Cards, #2 Exhibit B -- Service Package, #3 Exhibit C -- Tracking Confirmation of Delivery)(Sackman, Edward)
December 4, 2023 Opinion or Order ENDORSED ORDER granting #12 Motion for Entry of Stipulated Briefing Order. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)
November 21, 2023 Filing 12 Joint MOTION for Entry of Stipulated Briefing Order filed by Concord Hospital, Inc..Follow up on Objection on 12/5/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Proposed Order)(Sackman, Edward)
November 13, 2023 Filing 11 Assented to MOTION to Extend Time to Object/Respond to #2 MOTION for Preliminary Injunction to December 13, 2023 filed by NH Department of Health and Human Services, Commissioner.(Lombardi, Laura)
November 13, 2023 Opinion or Order ENDORSED ORDER granting #11 Motion to Extend Time to Object/Respond to #2 Motion for Preliminary Injunction. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 12/13/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)
November 8, 2023 Filing 10 NOTICE of Attorney Appearance by Laura E. B. Lombardi on behalf of NH Department of Health and Human Services, Commissioner Attorney Laura E. B. Lombardi added to party NH Department of Health and Human Services, Commissioner(pty:dft).(Lombardi, Laura)
November 3, 2023 Filing 9 NOTICE of Attorney Appearance by Christina Ann Ferrari on behalf of Concord Hospital, Inc. Attorney Christina Ann Ferrari added to party Concord Hospital, Inc.(pty:pla).(Ferrari, Christina)
November 2, 2023 Filing 8 WAIVER OF SERVICE Returned Executed as to NH Department of Health and Human Services, Commissioner by Concord Hospital, Inc.. Served/Mailed on 10/31/2023. Answer Follow Up on 1/2/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Sackman, Edward)
November 1, 2023 Opinion or Order Filing 7 ORDER OF RECUSAL. So Ordered by Judge Steven J. McAuliffe.(lw)
November 1, 2023 Case reassigned to Chief Judge Landya B. McCafferty. The new case designation is: 23-cv-486-LM. Please show this number with the correct judge designation on all further pleadings. (lw)
October 31, 2023 Filing 6 Disclosure Statement by Concord Hospital, Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Sackman, Edward)
October 31, 2023 Filing 5 Summonses issued electronically as to Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Administrator, NH Department of Health and Human Services, Commissioner, NH Department of Health and Human Services, Secretary. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(ed)
October 31, 2023 Filing 4 NOTICE of Attorney Appearance by Samira Omerovic on behalf of Concord Hospital, Inc. Attorney Samira Omerovic added to party Concord Hospital, Inc.(pty:pla).(Omerovic, Samira)
October 31, 2023 Case reassigned to Judge Steven J. McAuliffe. The new case designation is: 1:23-cv-486-SM. Please show this number with the correct judge designation on all further pleadings.(ko)
October 31, 2023 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed)
October 31, 2023 Opinion or Order ENDORSED ORDER: I recuse myself from presiding over this case due to my current service on the Board of Trustees for Southern NH Health System. So Ordered by Judge Joseph N. Laplante. (ko)
October 30, 2023 Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-486-JL. Please show this number with the judge designation on all future pleadings. (ed)
October 30, 2023 Filing 3 NOTICE of Email to Opposing Counsel by Concord Hospital, Inc..(Sackman, Edward)
October 30, 2023 Filing 2 MOTION for Preliminary Injunction filed by Concord Hospital, Inc..Follow up on Objection on 11/13/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Sackman, Edward)
October 30, 2023 Filing 1 NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2437946 filed by Concord Hospital, Inc.. (Attachments: #1 Exhibit A -- CMS Info. Bulletin, #2 Exhibit B -- 2011 MSP (TN 10-011), #3 Exhibit C -- 2012-2013 MSP (TN11-006), #4 Exhibit D -- 2014 MSP (TN 13-013), #5 Exhibit E -- 2015 MSP (TN 14-010), #6 Exhibit F -- 2016 MSP (TN 16-011), #7 Exhibit G -- 2017 MSP (TN 17-006), #8 Exhibit H -- CMS Protocol, #9 Exhibit I -- 2011 Audit, #10 Exhibit J -- 2015 Audit, #11 Exhibit K -- 2016 Audit, #12 Exhibit L -- January 2016 Notice, #13 Exhibit M -- 2011 UCC Calculation Spreadsheet, #14 Exhibit N -- 2011 Audit Redistribution Spreadsheet, #15 Exhibit O -- 2011 Supplemental Medicaid Payment Breakdown, #16 Exhibit P -- August 2023 Letter, #17 Exhibit Q -- October 2023 Notice, #18 Civil Cover Sheet, #19 Summons - Waiver -- L. Weaver, #20 Summons - Waiver -- X. Becerra, #21 Summons - Waiver -- C. Brooks-Lasure, #22 Summons - Waiver -- CMS)(Sackman, Edward)

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Plaintiff: Concord Hospital, Inc.
Represented By: Edward J. Sackman
Represented By: Christina Ann Ferrari
Represented By: Samira Omerovic
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Defendant: Lori Weaver
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Defendant: Xavier Becerra
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Defendant: Chiquita Brooks-Lasure
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Defendant: Centers for Medicare and Medicaid Services
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Defendant: NH Department of Health and Human Services, Commissioner
Represented By: Laura E. B. Lombardi
Represented By: Samuel R. V. Garland
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Defendant: US Department of Health and Human Services, Secretary
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Defendant: Centers for Medicare and Medicaid Services, Administrator
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